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pattricia
25-02-2006, 12:06 AM
My son bought a house where he pays ground rent.He applied to buy the leasehold of the groundrent,and the person agreed.Half way through the solicitors work,the person selling it to him said that they could not find the paperwork on it, and everything fell through.My sons solicitor tells him that he should not pay any more ground rent as there was no proof that the person owned the leasehold,and after so many years the leasehold would revert to him.Where do we go from here?Any solicitors or estate agents to advise us on this issue ?:huh:

gd_1
25-02-2006, 12:46 AM
I would get your sons solicitor to get everything in writing stating the current position and get the freeholder to state his position in writing too.

Kirstatch
25-02-2006, 11:44 AM
hi,

It is true that your son would be best advised to not pay anymore rent to the current landlord until he has produced adequate evidence to prove his title to the property. However be aware of any possible breach of contract ramifications.

I would probably advise that a solicitor be instructed to begin some form of investigation of the ownership of the property and negotiation with the current landlord if the sale is still to go through. The leasehold could revert to your son, however this is in limited circumstances.

Hope this helps

pattricia
25-02-2006, 11:53 PM
hi,

It is true that your son would be best advised to not pay anymore rent to the current landlord until he has produced adequate evidence to prove his title to the property. However be aware of any possible breach of contract ramifications.

I would probably advise that a solicitor be instructed to begin some form of investigation of the ownership of the property and negotiation with the current landlord if the sale is still to go through. The leasehold could revert to your son, however this is in limited circumstances.

Hope this helpsIts not the leasehold on the property,my son owns that,its that he pays ground rent and applied to buy the freehold(sorry I think I made the mistake with wording it)but the person he pays ground rent to can find no paperwork proving that he owns the freehold.Dont know wether I make myself any clearer now.

Kirstatch
26-02-2006, 12:28 PM
sorry, maybe miss-read your post.

Needless to say before anything can go ahead it will be necessary to determine the freeholders right of ownership via the land registry if the property is registered, or an epitome of title if it is unregistered.

Your son's solicitor is in the best position to adivse on this but it would probably be best to see what the freeholders position is first before any costs are incurred.

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