Free Traffic Legal Advice
Live cases legal advice => Non-motoring legal advice => Topic started by: Mr Tickle on November 12, 2024, 04:04:49 pm
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FWIW my brother was in a similar situation.
He bought a flat, one of two, above a run down & vacant carpet shop.The shop was owned by the freeholder. The landlord never contacted my brother for rent /service charges.
Turns out the freeholder had done a flit, having not paid his VAT, and the shop & freehold was put up at auction. Which attracted little interest. My brother and other leaseholder attended auction and bought it for something ridiculous, £10,000 or so. In London.
At which point, they extended into the garden, creating a 3 bed flat from the ground floor shop, and extending both flats by one 15' x 15' room. Each flat was then given a 999 year leasehold. The ex-shop flat owned equally between the two.
He still rents out his original flat. The other leaseholder sold original flat. But both still let out the ex-shop flat.
Incredible good fortune to land with such an opportunity, OP may too, who knows?
Long story short. It might well be worth the hassle, and expense, of OP fully investigating this.
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I presume the freeholder also has some deal with the shop below? It might be worth asking the shop manager if they have any information. Otherwise write to the land registry for the last known contact details of the freeholder. The land registry should have some details of the leasehold. The lease may have expired... :0) Good luckl
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very likely.
it is an unusual circumstance tho.
28yrs with no contact with LL.
subletting it??
now selling it? sounds like that's going to be hard work.
If it’s a long leasehold I’d be entirely unsurprised at no contact with the landlord.
Squatters rights?
He’s not a squatter, is he?
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Squatters rights?
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very likely.
it is an unusual circumstance tho.
28yrs with no contact with LL.
subletting it??
now selling it? sounds like that's going to be hard work.
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I suspect he has one (having purchased a leasehold property) but might not have read it.
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the OP "doesn’t remember having a lease" (unlikely)
I think they should find out for sure.
proving they didn't have permission to occupy the land would be difficult.
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Adverse possession requires the possession to be without permission. If the possession is under a lease it isn’t without permission.
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That's what I'm wondering SP. I know the concept exists but I don't know any of the intricacies at all. That said, given that the landlord seems to have lost all interest in the land, the OP doesn't know whether he's there on sufferance or what and has essentially acted as a freeholder would, in that he has occupied and maintained the place.
As I said: minds mightier than mine could be brought to bear.
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I wonder if there's any way you could claim Adverse Possession of the freehold.
How is he in adverse possession?
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A property solicitor or licensed conveyancer would be your next step I think.
re Adverse Possession I seem to remember the law changed on that making it more difficult but I may be wrong
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Minds mightier than mine might provide more telling insight but....
Given that you've had the place for the past 18 years, maintained it, not been charged ground rent and the original (and presumably only) landlord has disappeared into the ether, I wonder if there's any way you could claim Adverse Possession of the freehold.
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Land regsitry
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I can't remember ever having one. Vaguely, I think the land owner/leaseholder was declared missing or absent at time of purchase or something like that and when I wrote a letter to the last known address I never had a response.
Fast forward 18 years and here I am.
So, back to the question, where should I begin to piece this back together (I don't think I have any paperwork from the time of the sale I bought it at auction on my credit card)
Thanks
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Err, what does your lease say?
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I purchased a 3 bed residential property (Leasehold) over a commercial shop about 18 years ago. It has been rented out until two years ago. I am currently renovating the property and will be attempting to sell it next year.
In all of the time I have owned it I have never had any contact or correspondence with the land owner or paid anything towards a ground maintenance fee.
What problems may I encounter when selling without one, will I need to find who they are first or can an indemnity insurance be put in place to allow a sale to proceed?
Many thanks for any helpful advice :)