Leasehold Issues arising on Manchester flat

In May 2010, Greater Manchester Conveyancing Solicitor Fayruz Cahill acted for clients buying a freehold house in Orchard Avenue, Boothstown, Worsley, Greater Manchester M28. Property details received from agents Prestige Property of 1, Standfield Centre, Boothstown, Manchester M28 stated that the house was sold with freehold  title.

Leasehold Difficulties

However, the copy of the freehold title received from the sellers’ Conveyancing Solicitor, Whitestones, showed that there was also a leasehold title registered in respect of the same property. This situation sometime happens where a house has originally been sold as a leasehold property, and then the leaseholder has acquired the freehold title. In the past many houses in and around the Greater Manchester area were sold on 99 year leases, and owners have the purchased the freehold under government legislation. Although it might be assumed that in this situation the leasehold title would disappear, that is often not the case. For instance, if the leasehold title is subject to a mortgage at the time when the freehold is bought then the two titles cannot be merged until the mortgage has been paid off.

Fay asked the sellers’ Solicitors to supply a copy of the leasehold title, which was also registered in the name of the sellers. She then asked the land registry to confirm that it would be possible for the two titles to be merged, so that the leasehold title would be closed, when the sale to her clients was completed.

The local search showed that there were several planning consents, as follows:

  • Planning Application Erection Of Single Storey Side Extension And Conservatory To Rear 03/46468/HH Planning Application Erection Of Single Storey Side Extension And Conservatory To Rear
  • Planning Application Construction Of Access And Driveway And Replacement Of Existing Window Frames With White UPVC Frames.

Copies of these were requested and obtained, with confirmation that appropriate building regulation approvals had been obtained. It was good to know that proper consents had been obtained for all these works, as they were a significant feature of the property.