Go back
land law??

land law??

General

STS

Joined
07 Feb 07
Moves
62961
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by stoker
i am the lease holder as he is the freeholder
Aggggggggghhhhhhh. Who owns the property, or holds the mortgage on it?

Ragnorak
For RHP addons...

tinyurl.com/yssp6g

Joined
16 Mar 04
Moves
15013
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Sam The Sham
Aggggggggghhhhhhh. Who owns the property, or holds the mortgage on it?
Did you read the wiki link?

A freeholder owns the property forever. Leaseholds are bought from the freeholder for a long period of time (about 100 years) and change hands as per freehold deeds, except at the end of the leasehold agreement, you need to renegotiate with the freeholder about extending the leasehold (which I believe the freeholder is legally obliged to do)

D

STS

Joined
07 Feb 07
Moves
62961
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Ragnorak
Did you read the wiki link?

A freeholder owns the property forever. Leaseholds are bought from the freeholder for a long period of time (about 100 years) and change hands as per freehold deeds, except at the end of the leasehold agreement, you need to renegotiate with the freeholder about extending the leasehold (which I believe the freeholder is legally obliged to do)

D
Did you read his previous statement? He said the guy downstairs is the freeholder. If he owns the property forever then how can he be getting kicked out?

a

THORNINYOURSIDE

Joined
04 Sep 04
Moves
245624
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by stoker
i live in a upstairs flat lease hold. My downstairs is getting reposessed, . Yet i got a letter from his building mortgage saying they will reposess mine and his, tho mine is paid for. they say its because he is the freehold and they issue to both properties but have no intention of repossing my property, yet my property is mentioned in the official letter s ...[text shortened]... ere know if this is true, as they will have to move him with balifs from my experiance with him.
http://england.shelter.org.uk/advice/advice-2918.cfm for basic advice but you really need to see a solicitor asap.

n

Joined
03 Nov 05
Moves
44325
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Sam The Sham
Did you read his previous statement? He said the guy downstairs is the freeholder. If he owns the property forever then how can he be getting kicked out?
cos he hasn't paid his mortgage!

mortgages contain provisions that will allow the lender to repossess the property if certain events occur - nonpayment of the mortgage is the most common...

r
Ginger Scum

Paranoia

Joined
23 Sep 03
Moves
15902
Clock
05 Feb 08
1 edit
Vote Up
Vote Down

Originally posted by Sam The Sham
Did you read his previous statement? He said the guy downstairs is the freeholder. If he owns the property forever then how can he be getting kicked out?
Do you have to practice to be this 'tarded?

When you get a mortgage on a property you are buying freehold, you in effect become the freeholder - subject to the conditions of the mortgage. AS a freeholder you may choose to divide the property and lease some of it out - to a leaseholder - see wiki link.

In this case, the freeholder isn't paying their dues on the mortgage, so will be getting kicked out - as per the mortgage terms and conditions.

HTH.

edit - Ha! I see that this time it's me that's beaten to it! 1-1, who'll take the decider?!

n

Joined
03 Nov 05
Moves
44325
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by rhb


edit - Ha! I see that this time it's me that's beaten to it! 1-1, who'll take the decider?!
LOL

STS

Joined
07 Feb 07
Moves
62961
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by rhb
Do you have to practice to be this 'tarded?

When you get a mortgage on a property you are buying freehold, you in effect become the freeholder - subject to the conditions of the mortgage. AS a freeholder you may choose to divide the property and lease some of it out - to a leaseholder - see wiki link.

In this case, the freeholder isn't paying their dues on ...[text shortened]... edit - Ha! I see that this time it's me that's beaten to it! 1-1, who'll take the decider?!
Would have been a lot simpler had he just called the guy the mortgage holder. It was a simple enough question to begin with, and your frivolous insults aren't needed.

n

Joined
03 Nov 05
Moves
44325
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Sam The Sham
Would have been a lot simpler had he just called the guy the mortgage holder. It was a simple enough question to begin with, and your frivolous insults aren't needed.
you can buy a leasehold property with a mortgage too

r
Ginger Scum

Paranoia

Joined
23 Sep 03
Moves
15902
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Sam The Sham
It was a simple enough question to begin with, and your frivolous insults aren't needed.
Needed by me - born of frustration at your inane questioning.

r
Ginger Scum

Paranoia

Joined
23 Sep 03
Moves
15902
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by notmyrookplease
you can buy a leasehold property with a mortgage too
We have a winner! 2-1, in Overtime!

IM
Primal Primate

holiest of holies

Joined
05 Nov 07
Moves
6631
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by stoker
My downstairs is getting reposessed, .
looks like you'll have to get the place exorcised again.

n

Joined
03 Nov 05
Moves
44325
Clock
05 Feb 08
1 edit
Vote Up
Vote Down

Originally posted by Iron Monkey
looks like you'll have to get the place exorcised again.
i'd rather have a ghost than bailiffs around!

Far less scary...

STS

Joined
07 Feb 07
Moves
62961
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by stoker
[b]. My downstairs is getting reposessed, .
Sounds more like the whole place is getting reposessed and you're about to be screwed. See a lawyer.

r
Ginger Scum

Paranoia

Joined
23 Sep 03
Moves
15902
Clock
05 Feb 08
Vote Up
Vote Down

Originally posted by Sam The Sham
Sounds more like the whole place is getting reposessed and you're about to be screwed. See a lawyer.
You might have missed this on page 1 (and the subsequent post)?

"So leasehold and you pay ground rent to the Landlord.

In this event I guess (purely that - suggest you seek professional advice) that the guys doing the reposessing will take over the role of landlord - so your ground rent will be paid to them instead, and you'll stay in situ until they sell on the property at which point you'll have another new Landlord to pay ground rent to.

Suggest you get PROPER advice though than asking a bunch of Chess Nerds."

It's unlikely Stoker will be screwed, but the need to seek proper advice is well and truley apparent.

Cookies help us deliver our Services. By using our Services or clicking I agree, you agree to our use of cookies. Learn More.