Buying freehold from absentee landlord

I bought my current terraced house, which was built around 1860, in 1981. It has an 'unrestricted lease to enjoy for the time you live there' etc with the lease running for 300 years from 1853. Ground rent is 'a peppercorn' and no maintenance is paid - from what I've been led to believe the land is owned by the local church. The whole block was originally leasehold with the majority now owning the freehold of their property: probably 120 houses/flats/maisonettes in total with only about 4 still leasehold which includes mine and my immediate neighbours. Alll these properties have changed hands quite a few times since I've lived here so have no contact with anyone who bought the freehold themselves. Any ideas on how much work would be involved in tracing the freeholders etc and costs? A local solicitor has arranged this for someone (I spoke to them for advice originally) but were not forthcoming on the advice sought. Sadly I don't like this firm as I believe, although they have all information on file, they would drag the matter out to maximise their costs. There is no mortgage on the property and my name is on the title deeds. I'm trying to sell the house and so many people are put off by the fact that it is leasehold and no listening to the point that it still has 145 years left on the lease to run!

Hi,

I assume the freehold title is unregistered? Trying to establish who your freeholder is when the freehold title is unregistered is normally a very difficult task.

I would suggest you obtain from the Land Registry (www1.landregistry.gov.uk) "office copies" of the title of one of the houses that you know has definitely bought their freehold. Once obtained, you should be able to establish who the freeholder was. We can then make enquiries as to the address of the then freeholder, as it is likely this will be your freeholder too. Negotiations can then take place as to you buying your freehold.

I confirm I would be happy to act on your behalf in this matter. Please email me using the link on my website (www.tjmlaw.co.uk) under Leasehold Enfranchisement.

Best of luck.

Tom

Thanks Tom. My copy of the lease just shows the original builder, the local vicar etc as signatories of the lease at the time. I'm just trying to get an idea on a time scale to how long this would take and approximate costs involved as, having read numerous sites about this time of thing, costs can be exorbitant - money that I just don't have. Also, with a lease of 145 years left it does seem from what I've read that this shouldn't put off prospective buyers but I'm trying to gather as much info to give them when viewing. The property has been on the market since November and I know quite a few who have been frightened off by the fact the house is leasehold.

If we can establish fairly quickly who the freehold is, and manage to make contact with their solicitors, we can then open negotiations. At best, I would anticipate having an agreement reached within a few weeks from now, and the process of conveying the freehold title to you should take no more than a few more weeks thereafter. However, this is best case scenario, and there could be any number of factors that could delay matters. It is more likely to be months rather than weeks in my experience. The general advice is, the sooner steps are taken to establish who the freeholder is and to contact them, the sooner you may acquire your freehold title.

I am not too sure why the potential buyers have been put off. Without investigation the title myself, my best guess is that the buyers themselves and/or their conveyancers are put off simply by virtue of it being a leasehold house, which is unusual in the South East of England. 145 years is ample term remaining, for lender's purposes.

I can also act for you in the sale of your house after you have bought the freehold. There is no reason why you cannot accept an offer on your house (for the sale) whilst the freehold matter is progressing, but I would not advise accepting an offer on your sale until such time as we have at least agreed a figure with the freeholder for the freehold title.

Let me have your email address, and I shall send to you a formal quote for my services. I will also apply a 10% discount, for using my forum.

Tom

Thanks Tom. I did have a buyer who had to pull out back in June and we had started the paperwork which is now, of course, on hold. From what I can gather, the local landowner at the time gave the money to build a church and also housing in the surrounding area with some of these properties (mine included) still remain. So I presume - as I have been told - that the land is 'church land' which is why the lease in unrestricted. I am sure the word 'leasehold' does put people off, no matter how much I try to explain that it is not a problem. No one will come chasing them for ground rent, maintenance charges etc and they can do what they like to the house.

The reason I don't want to start the process of buying the freehold is due to the length that it will probably take so when I finally sell, I will own the freehold, and from what I can see, I would then have to transfer the freehold to the new owners. Such a muddle for my poor old brain.....lol In the Isle of Wight, many properties are the same as mine, and I have been told no one takes any notice of this at all as they're all used to the fact they are leasehold houses.

I appreciate the frustration and complexities involved here. If some conveyancers are perplexed at the legal title, then what hope have laymen got!

As I mentioned before, if the only way of selling is to acquire the freehold title first, then there's only one choice available to you unfortunately :-(

Tm