DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Non-motoring legal advice
*****************************************************
#Post#: 45247--------------------------------------------------
Landlord absence
By: Mr Tickle Date: November 12, 2024, 10:04 am
---------------------------------------------------------
I purchased a 3 bed residential property (Leasehold) over a
commercial shop about 18 years ago. It has been rented out until
two years ago. I am currently renovating the property and will
be attempting to sell it next year.
In all of the time I have owned it I have never had any contact
or correspondence with the land owner or paid anything towards a
ground maintenance fee.
What problems may I encounter when selling without one, will I
need to find who they are first or can an indemnity insurance be
put in place to allow a sale to proceed?
Many thanks for any helpful advice :)
#Post#: 45250--------------------------------------------------
Re: Landlord absence
By: andy_foster Date: November 12, 2024, 10:11 am
---------------------------------------------------------
Err, what does your lease say?
#Post#: 45253--------------------------------------------------
Re: Landlord absence
By: Mr Tickle Date: November 12, 2024, 10:17 am
---------------------------------------------------------
I can't remember ever having one. Vaguely, I think the land
owner/leaseholder was declared missing or absent at time of
purchase or something like that and when I wrote a letter to the
last known address I never had a response.
Fast forward 18 years and here I am.
So, back to the question, where should I begin to piece this
back together (I don't think I have any paperwork from the time
of the sale I bought it at auction on my credit card)
Thanks
#Post#: 45262--------------------------------------------------
Re: Landlord absence
By: andy_foster Date: November 12, 2024, 10:53 am
---------------------------------------------------------
Land regsitry
#Post#: 45621--------------------------------------------------
Re: Landlord absence
By: Fluffykins Date: November 14, 2024, 11:05 am
---------------------------------------------------------
Minds mightier than mine might provide more telling insight
but....
Given that you've had the place for the past 18 years,
maintained it, not been charged ground rent and the original
(and presumably only) landlord has disappeared into the ether, I
wonder if there's any way you could claim Adverse Possession of
the freehold.
#Post#: 45623--------------------------------------------------
Re: Landlord absence
By: mickR Date: November 14, 2024, 11:16 am
---------------------------------------------------------
A property solicitor or licensed conveyancer would be your next
step I think.
re Adverse Possession I seem to remember the law changed on that
making it more difficult but I may be wrong
#Post#: 45626--------------------------------------------------
Re: Landlord absence
By: Southpaw82 Date: November 14, 2024, 11:20 am
---------------------------------------------------------
[quote author=Fluffykins link=topic=3868.msg45621#msg45621
date=1731603929]
I wonder if there's any way you could claim Adverse Possession
of the freehold.
[/quote]
How is he in adverse possession?
#Post#: 45849--------------------------------------------------
Re: Landlord absence
By: Fluffykins Date: November 16, 2024, 11:43 am
---------------------------------------------------------
That's what I'm wondering SP. I know the concept exists but I
don't know any of the intricacies at all. That said, given that
the landlord seems to have lost all interest in the land, the OP
doesn't know whether he's there on sufferance or what and has
essentially acted as a freeholder would, in that he has occupied
and maintained the place.
As I said: minds mightier than mine could be brought to bear.
#Post#: 45850--------------------------------------------------
Re: Landlord absence
By: Southpaw82 Date: November 16, 2024, 12:09 pm
---------------------------------------------------------
Adverse possession requires the possession to be without
permission. If the possession is under a lease it isn’t without
permission.
#Post#: 45856--------------------------------------------------
Re: Landlord absence
By: mickR Date: November 16, 2024, 3:21 pm
---------------------------------------------------------
the OP "doesn’t remember having a lease" (unlikely)
I think they should find out for sure.
proving they didn't have permission to occupy the land would be
difficult.
*****************************************************
DIR Next Page