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Freehold house on leasehold land - confused

4 replies

Crumblysausage · 07/06/2021 20:17

I own a property that is freehold but the land that its on is leasehold. I pay a small management fee annually and they maintain the land (mowing etc). It is one of 4 houses attached to a complex of flats.

Im selling and people viewing are asking about the land, can they put a fence up, can they buy the lease etc but i have no idea. I bought it 15 years ago.
I have solicitors dealing with the sale but can i ring them before a firm offer is in place? I have 2 over asking offers at the mo but they want to know about this land and i want to find out asap. Is there a way i can find this out? I ordered the title register and title summary from land registry but its quite difficult to understand. I feel clueless! On the title summary it says its freehold but there is a restriction dated the year the complex was built in the proprietorship register (title absolute) and doesnt mention anything about fences etc, just that
'Except under the order of the registrar no transfer by the proprietor of the land is to be registered unless a certificate signed by a solicitor or secretary of the management company has been furnished to the effect that clauses 22 and 23 schedule four of the transfer dated xxxx referred to in the charges register have been complied with' but i dont have sight of those clauses.

Anyone have any ideas please? I will ring management company tomorrow

Thanks

OP posts:
Crumblysausage · 07/06/2021 20:18

Last thing i want is for them to proceed and then pull out at last minute because they cant put a fence up. One of the other houses has, but its only a small one to mark a boundary.

OP posts:
Crumblysausage · 07/06/2021 21:19

Hopeful bump

OP posts:
Andthenanothercupoftea · 08/06/2021 17:43

You can be honest with them and say you don't know, but that their solicitors would be able to find out more once instructed.

Crumblysausage · 08/06/2021 19:45

Thank you for your reply.
I have been honest with that potential buyer. I have tried to contact management company but waiting for someone to get back to me.
In the meantime ive had 3 more offers who havent mentioned the land, so im slightly less stressed now.

OP posts:
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