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Freeholder's flat not registered - is it now communal?
Freeholder's flat not registered - is it now communal?
Posted
Fri, 18 Aug 2023 13:57:49 GMT
by
M V
Hi
Building of 8 flats, all owned by independent leaseholders except 1 flat which is owned and kept by the freeholder.
Building run by a residents man co with resident directors and passive freeholder director.
It turns out the freeholder has not registered the flat they own, there is no lease to be found.
Does this then revert to communal management as do the hallways etc, because it is not subject to a leasehold?
Thanks
Posted
Fri, 18 Aug 2023 14:17:40 GMT
by
Adam Hookway
Hi M V - something we can't advise you on as it's legal advice you need here
We register land and property so owners should register their ownership, be that freehold or leasehold. If they fail to do so then their legal ownership is unprotected on the register but that does not necessarily mean that they don't own it but simply that they have not registered it.
The legal ownership will be as registered so I assume the whole freehold is so am unsure how it would pass to or revert to the Management Co but you need to consider the legal position and not just the registered one here
Posted
Fri, 18 Aug 2023 14:24:07 GMT
by
M V
Thanks Adam, response appreciated.
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