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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 31582
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am a Freeholder of a property and the Leaseholder of the

Customer Question

I am a Freeholder of a property and the Leaseholder of the flat upstairs has put a Proprietorship Notice on my property before Court papers were served on me. Is this legal?
JA: What are you located? It matters because laws vary by location.
Customer: In Essex UK
JA: Has anything been filed or reported?
Customer: Court case now in progress. He is claiming that he is the owner and removed my property from Rightmove without my knowledge.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He has no financial emotional or familial right to my property. He has used systematic harassment to get me to leave.
Submitted: 8 days ago.
Category: Property Law
Expert:  Joshua replied 8 days ago.

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.

Expert:  Joshua replied 8 days ago.

  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?

Customer: replied 8 days ago.
I do not the leasehold flat in a converted house of two flats. I own the full freehold of the building. It is a B1something Order and I was not notified that it had been applied for. When I tried to remove it from the Land Registry the Leaseholder refused to remove it.
Customer: replied 8 days ago.
Thank you Joshua but I am a pensioner and cannot afford to call or any extra cost. Sorry to have wasted your time. Thank you for your response.
Expert:  Joshua replied 8 days ago.

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

Customer: replied 8 days ago.
He has a separate Title on his property and no claim on the Freehold. He has told me he wants my flat and intends to get it. He does not live there but has tenants.
Expert:  Joshua replied 8 days ago.

  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?

Customer: replied 8 days ago.
No it isn't I ts a separate Title. He has told me he wants my flat and that he intends to get it.
Expert:  Joshua replied 8 days ago.

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

Customer: replied 8 days ago.
I'm sorry Joshua I didn't get an enquiry number 2..could you resend it please?
Expert:  Joshua replied 8 days ago.

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?


Customer: replied 8 days ago.
I will need to go through the paperwork but can do that this evening so could I send it to you tomorrow please?
Expert:  Joshua replied 8 days ago.

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

Customer: replied 8 days ago.
Thank you for your help Joshua I'll contact you asap.Have a good evening.
Expert:  Joshua replied 8 days ago.

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

Expert:  Joshua replied 8 days ago.

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.

Customer: replied 8 days ago.
Morning Joshua. I couldn't find the actual document for the Notice so a general response may point me in the right direction thank you.
Expert:  Joshua replied 8 days ago.

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.

Expert:  Joshua replied 8 days ago.

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

Customer: replied 8 days ago.
Thank you Joshua. He has only owned the property for 2 years and has been very intimidating and bullying since he bought it. I will speak to a local solicitor even though I notified the Land Registry and applied to have the Notice removed. Thank you for all your help.
Expert:  Joshua replied 8 days ago.

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.

Expert:  Joshua replied 7 days ago.

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

Customer: replied 7 days ago.
Thank you Joshua you have been a great help and I will come back to you if I uncover anything else. Could I just ask if he has the right to have my property removed from Rightmove which is what he did last year without my knowledge?
Expert:  Joshua replied 7 days ago.

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

Customer: replied 7 days ago.
The sale of my property. He notified the estate agent that I was selling his building at the same time. It's been my building since 2011 and I have all the relevant paperwork to prove the fact.
Expert:  Joshua replied 7 days ago.

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

Customer: replied 7 days ago.
I understand. I've decided to not sell until the dispute is resolved. At the time when he did that there were no papers served on me at all. Just threatening messages and phone calls from his solicitor on an almost daily basis asking when was I going to resolve the issue. I believe this to be a conflict of interest.
Expert:  Joshua replied 6 days ago.

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

Customer: replied 6 days ago.
Indeed. Mediation is in the works and I'm waiting for a date for that now. Once again Joshua thank you for your help. I will come back to you if needs be.
Expert:  Joshua replied 6 days ago.

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

Expert:  Joshua replied 6 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 6 days ago.
Thank you Joshua you have helped me immensely. I have dates for Mediation so my need to come back to you before that happens. You have really eased my mind about this matter. Have a wonderful day.
Expert:  Joshua replied 6 days ago.

I'm glad the above was of some assistance