Leasehold/Freehold
Author
Discussion

b4gga83

Original Poster:

287 posts

202 months

Monday 18th October 2010
quotequote all
Hi all

I'm hoping this is the correct forum for my query.

I bought a property last year and ordered the title deeds today, apparently I hold the freehold and leasehold rights to the property. I did query this with my solicitor last year - long story short he said although he has not see this situation before as long as I hold the right to the freehold it doesn't matter.

Both have different title numbers to them, but I am the named individual in the both the registered owners section and within the freehold title deed I am named the proprietor under the title absolute section. This is exactly the same within the leasehold title deed.

Confused?!

davidjpowell

18,602 posts

207 months

Monday 18th October 2010
quotequote all
I have seen sometihng similar, but not the exact same.

This was a purpose built flat, in a block of 2. I owned the freehold of the ground floor, and then let on a long lease to the occupiers. They owned my freehold, and I in turn had a long lease.

Your arrangement just seems wierd.

Jobbo

13,613 posts

287 months

Tuesday 19th October 2010
quotequote all
davidjpowell said:
I have seen sometihng similar, but not the exact same.

This was a purpose built flat, in a block of 2. I owned the freehold of the ground floor, and then let on a long lease to the occupiers. They owned my freehold, and I in turn had a long lease.

Your arrangement just seems wierd.
David, your arrangement is commonly known as a Tyneside lease - it means there is some mutual enforceability but the two flat owners in the building together own the whole of the building.

The OP's situation is pretty common; it'll be where the house was originally sold on a long lease, the owner has bought the freehold at some point, but nobody has bothered to apply to the Land Registry to merge the freehold and leasehold interests. To be honest, if I were a mortgage lender I'd require them to be merged to avoid confusion or possible fraud in future, but they don't seem to care.