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Advice on Buying a house built on land in trust

3 replies

whycantitbecalm · 07/01/2025 18:47

Okay, this is slightly confusing, but my solicitor is useless And I wondered if anybody could shed some light.

Okay, I am almost at the end of buying a house, and some paperwork has appeared saying that the land that the house was built on is part of a trust, and for the next 19 years the trustees could make claim on this land.

The house has been registered recently with land registry which gives me absolute title, but there is a clause in this paperwork that says the trustees also have absolute title for the next 19 years.

From a lot of ancestry searching it appears there are no living relatives as part of this trust and no further paperwork has appeared.

Does anybody know what the implications of this could be, whether I should be as worried as I am or running a mile?

OP posts:
Nextdoor55 · 07/01/2025 20:23

I would place an insurance policy on the land & in the event that the family do return from the dead you'll be covered. Has your solicitor suggested an indemnity policy? Ask the sellers to pay for this policy,

Collaborate · 08/01/2025 07:37

I’m guessing here that the property is not in the UK or you’ve misunderstood something important.

A house is not separate to the land it stands on. Title to the property is Absolute. That means whoever is named owner at the Land Registry has an unchallenged right to the property as described in the register.

Unless the property is owned by just one person the property will be held under a trust. That means there are legal owners (trustees) and beneficial owners. Often they are the same people but they don’t have to be.

When property held under a trust is sold it is the trustees selling it. Sale by two or more trustees overreaches the beneficial interest.

If the property is leasehold there will be a separate title for the freehold interest. The relationship between leaseholder and freeholder is governed by the terms of the lease, which don’t usually give the freeholder the right to interfere with the leaseholder’s peaceful enjoyment of the property.

Unless you can make sense of your situation you’re unlikely to get any helpful responses.

BaronessBomburst · 09/01/2025 09:04

Might this be something to do with an uplift clause? So the land has been sold, and you are the owner, but the previous trustees still have rights to a percentage of added value for the next 19 years.
The comment about them having absolute title doesn't make sense though.

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