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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I'm interested in purchasing a flat which has been created

Customer Question

I'm interested in purchasing a flat which has been created through splitting a house into two properties, from the deeds it looks like this was bone between 1984 & 1994.
A basement/ground floor property and a first floor/attic property, my initial interest is in the first floor and attic property.
The property particulars sate it is a shared freehold, which I understand means both properties own shared freehold of the building.
When I looked at the title deeds and title plans taken from the land registry there are documents for freehold and leasehold for each flat and also for the land, which I'm finding confusing.
Who would be best placed to explain what the legal standpoint is with regards ***** ***** the land and buildings and roughly what would be the cost to find out?
Finally the reason for my interest is that I would potentially like to purchase the basement/ground floor flat at a later date and combine both into a single dwelling again for my family.
If I held the building freehold but the land was leasehold, what would be the implications, if any, for me creating a single dwelling and also selling the entire house on at a later date?
Any other advice would be appreciated.
Thanks - Paul
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
This likely means that each owner of a lease to the flats owns a share in the freehold.
This means that there will be three legal interests
1. Leasehold of First flor flat owned by person A
2. Leasehold of basement ground floor flat by person B
3. Freehold interest owned together jointly by person A & person B
The value of the freehold is minimal at the moment because it is subject to the rights of the leases.
This means that the sale of the flat you are interested in will include the whole of the leasehold interest in the flat and 50% of the freehold.
This means that if you were in the future able to purchase the other flat and that owners share of the freehold, then you would be able to surrender both leases, remove them from Land Registry and then own only the freehold so could then carry out such works as appropriate to combine to one freehold house.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Tom,

Are there any other complexities which could mean your answer was not correct?

I've attached a screenshot of the land registry entries, does this still fit with the answer you provided?

Thanks

Expert:  Thomas replied 1 year ago.
Hi,
It's impossible to say without seeing the actual registers for the property, but there is nothing there to suggest that the situation is other than as described in my answer.
Tom
Customer: replied 1 year ago.

Ok, thanks.

So I take it I need a solicitor who specialises in conveyance to review them to have a definitive answer?

What would be a rough estimated cost to have this done?

Thanks

Expert:  Thomas replied 1 year ago.
Hi,
Basically, I wouldn't spend any money on it until you have decided to purchase. The things you are asking are what your solicitor would answer during the conveyancing process..
Tom
Customer: replied 1 year ago.

Ok, thanks again.

Expert:  Thomas replied 1 year ago.
You're welcom..
Tom

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