House sale in limbo

padohaodha

Hi folks,
Looking for some help here.So I have sale agreed my fathers house recently.The buyer’s solicitor has notified us that the land registry map says that the house is a leasehold rather than a freehold.The house is 100% a freehold and I have the documentation of the folio to prove it.I need the Land registry to just change the map to freehold as it should be.However,I cannot get through to them after many calls and emails.The house sale will fall through unless this is sorted ASAP.Has anyone any ideas at all please of how to contact the Land Registry?

DubCount

There is not much you can do IMHO. The Land Registry will move at their own pace to correct the error, but there is no other route to get the problem sorted, so your options are to wait it out, or wait it out.

padohaodha

Do you think so?Feck,,,anyone got any idea,,,could a politician have any sway etc?

padohaodha

My solicitor says they have been trying to contact the Registry since September...I can't afford to let the sale fall through...anyone??

sydthebeat

How have you the documentation "of the folio" to prove it?

Land reg provide the folio, so is what you have different to what they have, if so.... How ???

padohaodha

sydthebeat wrote: »

How have you the documentation "of the folio" to prove it?

Land reg provide the folio, so is what you have different to what they have, if so.... How ???

Hi Syd,
I have the folio documentation which states that the house is a freehold.However,on the map that the Land registry have it is coloured which stands for leasehold.The house was bought off the council 20 years ago.The sale cant go ahead without it being updated on their map.It seems the Registry never updated the maps when the status changed.

antiskeptic

Even if leasehold, that ought not be an impediment to a sale. Generally old leaseholds can be bought out for buttons and there are insurances to cover things there - you might chat to your solicitor about what the actual impediment is?

cruizer101

Are the buyers raising this as an issue.
We recently bought a leasehold, it is my intention to buy it out but am in no hurry as it is around 100 year lease.
Try ask them if they would be happy with the documentation you have to prove it will be freehold.

Claw Hammer

padohaodha wrote: »

Hi Syd,
I have the folio documentation which states that the house is a freehold.However,on the map that the Land registry have it is coloured which stands for leasehold.The house was bought off the council 20 years ago.The sale cant go ahead without it being updated on their map.It seems the Registry never updated the maps when the status changed.

It could be that the freehold was purchased from the council but the title was never perfected. You might have a vesting cert only, which is not good enough.

padohaodha

The buyers can’t get a mortgage on a leasehold,that is what is holding it up...so frustrating that we can’t contact the Registry.

padohaodha

padohaodha wrote: »

Hi Syd,
I have the folio documentation which states that the house is a freehold.However,on the map that the Land registry have it is coloured which stands for leasehold.The house was bought off the council 20 years ago.The sale cant go ahead without it being updated on their map.It seems the Registry never updated the maps when the status changed.

It’s possible that it’s still leasehold even after buying it from the council. My parents bought their house from the council in the 70’s. When my brother inherited it about 15 years ago, he was only then given the option of buying the leasehold. It didn’t cost much, but took ages. An engineer had to come out to check boundaries.

Claw Hammer

padohaodha wrote: »

The buyers can’t get a mortgage on a leasehold,that is what is holding it up...so frustrating that we can’t contact the Registry.

If you really had the freehold, which I doubt, you could get Counsel's opinion on it. That would most likely satisfy the buyer.

racingboo

Hey, Im just interested to hear how this is going. Our situation bears some similarity - we've gone sale agreed on a place in a very small development for which the scheme map for the common area was never registered. This has now at the Property Registration Authority pending approval, and I'm losing my mind trying to figure out whether that's going to be a wait of weeks or months.

Baby01032012

padohaodha wrote: »

The buyers can’t get a mortgage on a leasehold,that is what is holding it up...so frustrating that we can’t contact the Registry.

I’m at a loss why bank won’t give mortgage on a leasehold unless it’s a short leasehold?