Personal tools
You are here: Home questions Can I change the title in a building from freehold to a share in the leasehold as I believe a complex setup in the current position makes it unmortgagable
Document Actions
  • Send this page to somebody
  • Print this page
  • Add Bookmarklet

Can I change the title in a building from freehold to a share in the leasehold as I believe a complex setup in the current position makes it unmortgagable

I'm currently looking at potential purchase of a shop unit. The unit is 1 of 6 in a building. The other 5 units are residential. The shop is being sold with a freehold title (I am awaiting copies of title documents). As I understand it, the remaining 5 units are leasehold with each having equal share in a management company that holds a second freehold for the building. Assuming this is all correct, from what I have read, this makes the shop unit unmortgagable. Therefore I would like to determine whether it is possible to alter the title for the shop unit - maybe to leasehold with a share in the freehold (as with the other units) - Or is there any other course of action that would allow necessary changes to make the shop unit mortgageable. The building is on a steep hill. This makes the shop unit the ground floor unit from the front, but at the rear, there is a unit underneath the shop - making the shop a first floor unit from the rear. I would greatly appreciate your comments

It is theoretically possible to merge both freehold titles and concurrently grant a lease of the the shop unit from the existing management company. This will require ;
 
1. Full co-operation of the management company.
2. Complex changes at the land registry
3. A very careful consideration of any conflicts arising in the leases
 
You should also consider also defective title insurance.

Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.


sign up for freecover
more about freecover and sign up form

by Conrad Murray last modified 2007-09-23 10:31

This site conforms to the following standards:

law answers network homeAsk Law Answers your own free legal question.