I am a Freeholder of a property and the Leaseholder of the

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

1. Mayor clarify what you mean by a proprietorship notice please? I think from what you say, he is claiming adverse possession of your property  in some way as you make reference to the fact that he is claiming to be the owner?
2. you mention that you are a freeholder and that there is a leaseholder of an upstairs flat. Do you also own a lease in the building of another flat for example or is the remainder of the building freehold?
3. if the remaining part of the building is freehold, in physical terms, is there another flat in the building which remains part of the freehold?

thank you. Is the leaseholder's lease registered against the freehold or is that what he has sought to register?

1. thank you. Is the freehold title registered at the land registry?
2. do you have a copy of the application he has registered against your title? For example, do you have a copy of your title available to upload?

thank you. are you also able to assist me with my enquiry number two above? I really need some specific detail in relation to the application he has made in order to be able to assist on the above

Certainly. 2. Do you have a copy of the application he has registered against your title? For example, do you have a copy of your title available to upload?

thank you. I look forward to hearing from you further…

entirely in your own time. I look forward to hearing from you further

Good morning - we you able to find anything helpful? if you do not have a document to hand, I can give you a general response without sight of them.

thank you. It very much depends on what application the other party has made. If for example he has applied to register his lease against the freehold, this is perfectly proper and should have been done when he acquired the lease. It would be quite normal to expect to see any leases that have been granted out of the freehold registered against that freehold title but for the avoidance of doubt, such a registration would only affect the part of the property that has been demised under the lease leaving the remainder of the freehold property unaffected.

If by contrast he has made an application as you suspect to claim the freehold title in its entirety, then there would be a basis to object on the grounds that he has not possessed the entire freehold property and as such, the elements required for adverse possession would fail. In addition, if the freehold is registered, all you need do is subject to any application for adverse possession and it will automatically fail unless the other party can show that he has occupied the entire freehold premises for at least 10 years in the mistaken but genuine belief that belong to him which I presume is extremely unlikely that he could show.

generally, given the import of the application potentially, it would be sensible to seek immediate advice from a local solicitor who is able to review the title for you in detail and take appropriate action to safeguard your position. Whilst I would not expect there to be any great risk of the individuals application being successful, failing to respond to the application itself can prove detrimental and the longer the matter is not addressed, potentially the worst the position can be for you in terms of rectifying the same in the future

Thank you. On that basis I cannot see that his claims have any merit but this sounds like a sound plan given what is involved.

I hope the above is of some assistance but if you have any further questions, please revert to me.

would this be in relation to a sale or letting please?

The answer I suppose is yes and no. he can't interfere with the sale of your property but from what you say, there is obviously a dispute as regards ***** ***** of the property. Not that what you say the neighbours claim appears to have any merit but it is unlikely you would be able to sell a property with an active dispute so this will likely need to be resolved before you can consider selling the property. Most estate agents would decline to act where there is a dispute with regards ***** ***** as they have obligations under the consumer protection from unfair trading regulations

As above, it seems to me that this matter needs to be addressed sooner rather than later.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.