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Anyone have experience of a threat from shared freeholders not agreeing to the transfer of the share of the freehold to the new owner?

6 replies

Smaglare · 02/02/2025 15:08

I recently put my property on the market and immediately a couple of the other freeholders began talking about how it's time to carry out communal renovations and pave the communal forecourt of our building (8 dwellings/properties in a large Victorian detached in London).

I'm having to sell because I really need the money and feel that they are just trying to benefit from the proceeds of my sale because I want out.

Now there's been talk of the other shared freeholders not agreeing to the transfer of the share of the freehold to the new owner. I think this is really unethical and wonder if there is any solution or recourse to this situation? Is it even legal? I just looked it up and can see that it is 'a thing' but think it's a strange and unfair threat from the other shared freeholders, so surely there must be some kind of legal recourse or body that deals with this because it can be used on such unethical grounds?

Can anyone provide any advice or help?

OP posts:
FrippEnos · 02/02/2025 16:33

I would have thought that the share of the freehold belongs to your flat.
But you would need to get proper legal advice.
Which would be worth doing before going any further or it could cost you loads.

Another2Cats · 02/02/2025 20:24

As you said, it is "A thing".

You really do need to speak to a solicitor who is used to dealing with share of freehold. Everything will turn on the particular details of your situation. Nobody here can give general advice that will be of any use.

Please do speak to a solicitor who has experience of dealing with this (not all of them do).

Crouton19 · 02/02/2025 20:51

I assume the freehold is owned by a management company and all flat owners are members of the company? Look at the articles of association (should be on Companies House website). The articles should say that only flat owners can be members, that all flat owners have to apply to become members and the directors/company secretary have to add flat owners to the list of members on receipt of application (or stock transfer form).

If the freehold is owned in joint names, it's a bit more complex.

SoapySponge · 03/02/2025 15:48

Get a solicitor. This isn't something that can be dealt with on-line by a bunch of randoms.

CraftyNavySeal · 03/02/2025 16:04

I recently sold my share of freehold flat.

The other share holders didn’t need to agree, the director of the company did.

Presumably if it was possible to block it would require a vote though, and I doubt a majority of the freeholders would vote to make their own property potentially unsellable.

Speak to a lawyer of course, but logically speaking these people would be daft and acting against their own interests.

Aligirlbear · 03/02/2025 16:32

You need to speak to a solicitor as only they will be able to advise you with the benefit of reviewing your leasehold agreement which will include details of the freehold if it is shared by the flat owners.

Arrangements and resulting clauses can vary so no one on MN can advise you other than to tell you to seek legal advice.

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