How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 4223
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Property Law Question Here...
SolicitorRM is online now

Have a freehold property in a private road were the common

This answer was rated:

Hi - have a freehold property in a private road were the common land was owned by a management company. Management Company has dissolved due to no returns so looking to see is it possible to remove references to management company from my property deeds?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: none yet. I did look at going to the crown as common land went bona vacant but crown solicitors look expensive and would require me to try and get all 9 property holders to agree way forward. Easier to see if I can remove reference to management company from my freehold property
JA: Where is the freehold located?
Customer: Redditch, England
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that trying to reinstate the management company seems to be overly complicated as a previous occupier managed to get around their subsequent sale by using the company name of the original management company and creating a shell company for companies house - the common land didn't transfer or anything - hence, it getting too complicated to try and get others to agree reinstatement

Hi thank you for your enquiry and patience, I am a solicitor in England and Wales. I am sorry to hear of your situation. The direct answer is there is no way of removing reference to the management company on your title deeds without following the route of applying to the Treasury Solicitor as the Crown’s nominee. You are right it is a very involved process and can be costly however if the other leaseholders agree to forming a management company with you and to purchase the freehold it simplifies it a little and it becomes affordable for you all to chip into paying a conveyancing solicitor to do the work for you. Doing it alone will be cumbersome and costly and with the Crown not obliged to sell it may mean wasted costs. I sense from your question that you may know about the process of applying to the Crown and as such I will not go into that. I hope this helps and all the best.

SolicitorRM and other Property Law Specialists are ready to help you
Customer: replied 15 days ago.
Thanks - the common land is a private road and a pond / greenery so was just looking to exit any involvement in that. There are no leaseholders - all 9 properties themselves are freehold - its just the road and common land that was under the management company (now bona Vacantia and vested with the Crown, who have disclaimed it). I was hoping to submit (via a solicitor) an amendment to my title deeds to the Land registry - I am hearing that two neighbours have done something that has meant their properties are no longer linked to the common land (and therefore, the old management company). This is more about being able to sell the property, which will present a challenge if there is no management company in place (and the common land is no longer an asset of the management company anyway) - looking for a method to sell without being caught up in poor management by previous occupiers....