Application to cancel the restriction on title

<span style="font-size:11pt;"><span style="line-height:107%;"><span style="font-family:Calibri,sans-serif;">In 2022 we obtained a court ruling to remove an absentee joint-landlord from our shared leasehold / freehold. This cost 10's of thousands of pounds in Barrister and court fees. Plus a non-refundable amount to be retained by the court, on behalf of the absentee&#160; landlord, worth half the value of the freehold.<br> This was all submitted to Land registry, who in response asked for an&#160;&#160;&quot;Application to cancel the restriction on title 01/02/2023&quot; In response to the request, an application was submitted&#160; on or around 01/03/2023.<br> Since then my solicitors have chased this up 4 times, charging us £300 + VAT, each time.<br> We have now simply run out of money and have parted ways with the solicitors. We are desperate to sell the properties.&#160;<br> Can anyone help please ?</span></span></span><br> &#160;

Andrew - sorry to read of the issues you have been facing and continue to face&#160;<br> Can you share the title number/property address?

Hi Adam,<br> <br> Thanks so much for your quick reply.<br> <br> Here's the details:<br> <br> <span style="font-size:11pt;"><span style="line-height:107%;"><span style="font-family:Calibri,sans-serif;">Title number HP369123</span></span></span><br> 34 Mitton Road<br> Portsmouth<br> PO3 6AP<br> <br> House consists of upper flat 34a and ground floor flat 34b.<br> <br> we appreciate any help<br> <br> Kind regards<br> <br> Andrew

Andrew - many thanks for confirming.<br> There was an application to update the freehold register you refer to submitted in March 2023 as you state and that was completed on 27th July 2024. The form A/joint ownership restriction was removed as applied for<br> No applications against either leasehold flat, also both owned by you.&#160;<br> HP369123

<p>Hi Adam,</p> <p>Thank you for the information.</p> <p>Please excuse thie dumb question but does that now mean the title for both properties are under a single freehold and are in my name, so I can now Sell Them without any issues?</p> <p>many thanks</p> <p>Andrew</p> <p></p>

HI Andrew - both properties have always been under a single freehold title,&#160;HP369123. And each leasehold part is registered under it's own leasehold title as well. All three titles are in your sole name.<br> You can sell them as appropriate but perhaps get legal/estate agent advice as to how to do so in light of the mix of freehold/leasehold titles

<p>Hi Adam,</p> <p>Ahh I see, so potentially I could remove the leasehold part and convert the two flats back into the original house if I wanted to.<br> Or renew both leaseholds to sell individually.&#160;<br> to be honest, I wouldn’t want anyone else to have deal with the whole freehold/ leasehold situation, so I’ll definitely be looking for advice moving forward.</p> <p>Thanks so much for your help. I can’t describe what a relief it is to know where we stand.</p> <p>Andrew</p>

Hi Andrew - you can but we deal with the outcomes of such decisions so can't advise on what to do/what's best etc<br> If the leases aren't needed and are to be closed (determined) then an application can be made to do that and you are left with a single freehold title.<br> <a href="https://www.gov.uk/government/publications/leases-determination/practice-guide-26-leases-determination">Practice guide 26: leases – determination - GOV.UK</a>&#160;- section 3 merger<br> If selling the property as a whole then wider advice is a good idea as to how to maximise it's potential and closing the leases is certainly something to consider to avoid later issues as a single freehold property&#160;

<p>Hi Adam,</p> <p>I now feel informed enough to weigh up the options available for the sale of the property/s.</p> <p>Once again, we really appreciate your help.</p> <p>Thank you.</p> <p>Andrew&#160;</p> <p></p> <p></p>