This area of property law is one of the most interesting fields and is frought with all sorts of potential pitfalls and problems. Essentially, if you have a missing freeholder or missing landlord and you wish to acquire your freehold, an applicaiton will need to be made to court for the judge to effectively rubber stamp the Transfer Deed.

The process initially involves putting together documentary evidence that you have made attempts to locate the missing freeholder/ missing landlord.

Only then can a court applicaiton be made.

The benefits (yes “benefits”) of having a missing freeholder/ missing landlord is that you can deduct most of the costs of the investigations, court application and valuation fee from the amount you end up paying for the freehold title.

You can also avoid paying “marriage value” if your leases have less than 80 years remaining (this means paying less than if the freeholder/ landlord was not missing)

This is one of our specialist subjects, so pelase feel free to call or email for a free no obligation quote.

The TJM Law Team

That’s two years from registration at the Land Registry, not the purchase date.

Myself and another leaseholder pay for all refurbishment repairs jointly. I think we have had to spend around £4k over the last few years collectively. Is there anyway of getting this taken into consideration? I have done my best to trace the landlord, the landlords address stated in the lease is no longer owned by him. In fact our local MP lives there for the last 8 years.

I have searched the voters roll and telephone book, and cannot find him. The builders on the plans, and the firm of solicitors stated in the agreement no longer exist. I would now like to extend my lease or purchase the freehold, whichever is the cheapest.

I have 76 years and three months left on my lease. I bought for 94k in 2004 and similar properties are around £109k now. Ground rent (if demanded) is £1 per annum.

Your help is greatly appreciated. Thanks

I own a lease of approx 119 years on my flat which is one of two flats in a freehold property. My neighbours have a very short lease left on their flat (I think less than 22 years and definitely no longer than 25 years- though am not sure exactly) and are obviously very keen to buy the freehold.

My lease was newly extended when I bought my flat and I am now wanting to sell. I know the the previous owners of my flat paid a premium to extend the lease before they sold to me – I think around 40-50K and have been told that owning part of the freehold will do little to raise the value of my flat now I m selling, plus I do not want all the legal hassle and complication of dealing with this now. I also do not get on with my neighbours.

Consequently, I have told my neighbours I am not interested. They initially asked me to sign a bit of paper saying I was happy to have them become the freeholder which I refused to do.

They are now pressurising me into signing something saying I have no interest in the freehold and have also said that as their flat has more rooms than mine, they are entitled to become the freeholder whether I like it or not.

Can you please clarify my legal position here. I definitely do not want them to be freeholder to my property.

Many thanks.

Many thanks

Date for your diaries – Saturday 10th July 2010

TJM Law are proud sponsors of the NCT Pregnancy & Baby Fair being held at Bromley Civic Centre on Saturday 10th July 2010 from 1pm-4pm. This big fundraising event – only the second of its kind to take place in Bromley – will be opened by Bob Neill, MP for Bromley & Chislehurst.

Tom and Emma will be at the Fair, chatting to people about the legal issues which confront those becoming parents for the first time. Come along to say hello!

Amongst the 50 exhibitors at the Fair you will find all the information and products you need to get started on the amazing journey of becoming a family. You can also indulge in some mini-treatments in the Pampering Corner (all suitable during pregnancy), and pick up a bargain at the Nearly New Sale.

Further details of the event can be found at the NCT Website

Supporting you to become the parent you want to be

Welcome to the premier TJM Law e-news exclusively for our clients, where we will be succinct and offer some practical advice that actually matters to you.

We will not bombard you with regular e-news simply because “it’s June, so we better send another email”. We will only send you e-news when we have news that’s worth telling you.

20% off usual fees for new Instructions – If you mention this email you will receive 20% off our usual Will writing fees. This offer is available until end of May 2010 only.

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