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Category: Property Law
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I own the freehold of a block of 6 flats plus i own one of

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I own the freehold of a block of 6 flats plus i own one of the ground floor flats. I purchased these in 2017. when my appointed conveyancer registered this he did so with everything under one title number. somebody wishes to purchase the flat but do not want the freehold. Should these 2 different things have been registered seperatly ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None
JA: Where is the freehold located?
Customer:***** Deercote, Telford TF3 2BS
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 18 days ago.
What im trying to acertain is was he negligent in doing this ? Should he have advised at the time when registering these different titles all as one, that it would generate problems and extra costs at a later date if selling on either of these titles seperatly ?

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. It is unusual practice to have the whole freehold and the one of the leases of the flats to be registered under the same title number. The solicitor should have advised you at the time that both titles were to be included one title number. Do you wish to retain the freehold?

Customer: replied 18 days ago.
Good afternoon Matthew, I do wish to keep the freehold but more importantly, the prospective purchaser does not want the responsibility and the work that goes with holding the freehold

Thank you for the confirmation, this can be reconciled by granting a new lease out of the freehold for the ground floor flat. That way you will retain the freehold and only the leasehold flat will be transferred to the new owner and more importantly none of the obligations will be passed to the new owner.

In practice, the granting of the new lease should be rather straightforward, as the other flat owners all have their own leases you would simply need to grant the lease on similar terms as the other leases so that the rights and obligations are mirrored in all the leases,

Do you have any follow up questions?

Customer: replied 18 days ago.
Thank you for the information, it is very helpful , the final question is "was the solicitor negligent when preparing the registrations" and should they at there own cost correct this

Not necessarily, as long as the solicitors informed you that you were purchasing the freehold and the leasehold and that both titles were included on the same register this would not be negligent. However, there is nothing to stop you going back to the solicitors who originally acted for you to ask them to act on the sale of your property.

Customer: replied 18 days ago.
It is correct to state that i knew the purchase was for the freehold plus a vacant flat (this was how the housing association worded the sale) However i was not aware of the potential problem of my trying to sell either the flat or the freehold seperatly nor did they advise me of such

I appreciate your comments if this was not something that was discussed with you and you were unhappy with the service you could raise this with the solicitors who acted for you on your purchase back in 2017.

MatthewM1117 and 3 other Property Law Specialists are ready to help you
Customer: replied 18 days ago.
Thanks for your advice, i will take it up with the solicitors in question Best regards

Glad to be off assistance, we wish you all the best going forwards.