Bona Vacantia help! Freehold returns to the Crown

[Summerhillsquare]

I am trying to buy a flat and have never come across this problem before!

It's leasehold and the freehold company seems to have been dissolved some years ago. Conveyancer advises this means it's now returned to the Crown. I can claim the freehold apparently but she can't or won't say how long this takes and what it costs. She said they might grant a possessory title initially, whatever that is.

I am pissed off, it's been going on for months and sellers have only just revealed this.

Anyone experienced this? What happened? Help!

Hopeful bump

Sounds very complicated and likely to be protracted. I would walk away OP.

These things could absolutely take ages to resolve and can be complex - can your solicitor advise on what to expect?

Also is there a management company? The management company usually manages the communal areas and shared services to the property on behalf of the freeholder, so
I would want to know if the building has been maintained etc.

If you buy this flat one issue you will have is that in this particular instance the freeholder (the Crown) has no responsibility to carry out the normal freeholder tasks e.g. maintaining the building fabric and communal areas, completing any works, etc.

And without a freeholder in place, if you or other leaseholders arrange those things then I can't see how legally they could make the other leaseholders contribute to the costs if they are unwilling to pay.

As you are not the freeholder you may not even be able to do certain important things, like insure the overall building, as it is not yours. If so, that's a huge risk.

My understanding also is that you (and the other leaseholders) can not 'claim' the freehold but could only attempt to buy it from the Crown Estate, at market value.

As some others have suggested, if it were me I would walk away.

No management company, it's only an upstairs and downstairs flat in a block, I think, though it is arranged like a semi. Common areas would only be the access path I guess.

Thanks @johnnym I hadn't considered the insurance side.

We bought freehold that had this bona vacantia issue / had been returned to crown estate, but it was adjoining land rather than freehold on our home, so we weren’t under time pressure. Having said that, our solicitor knew the process and rough timescale/ cost and explained it before we started. Can you not push your one to find out/ ask her colleagues? So annoying when such things come out late!

Thanks, I definitely need an actual solicitor rather than conveyancer. V annoyed with the vendors who might have mentioned they hadn't payed any ground rent or service charge for years! The lease has a reasonable length so not a pressure of time there but even so, so many risks it seems.

Hi OP, did you ever get this processed to a sale ? My son is having exactly the same issue, has discovered today the freehold is Bona Vacantia despite putting in an offer in October.
Property is a Maisonette in a block of 2. The upstairs neighbour has purchased their share of the freehold, my son would hope this is possible.

Any updated advice would be helpful x