Title Register Question

[miikeeyy92]

Hello all

In the process of buying a property and the title register has been sent to us. The property is marketed as freehold, but there is mention of a lease on the register. Solicitor is looking into it but can anyone on here shed some insight? Does the lease in Section C mean anything? Is it therefore not freehold?

Here's a breakdown of the register:

A
Mar '79 Freehold land filed at Registry
Land has benefit of rights granted but subject to rights reserved by Conveyance dated Feb '79
Conveyance dated Feb '79 contains provisions to light or air and boundary structures

B
Absolute title
Aug '12 Current proprietors
Aug '12 Previous sale price
Aug '19 Restriction: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

C
Conveyance of land dated Feb '79 contains restrictive covenants between council and original owners
Lease dated Jul '96 to original owners for 40 years from Jul '96
Note1; lessees titled registered under different title register #
Note2; lease contains an option to surrender upon the terms therein mentioned

 

[Surveyor]

One for your solicitor to sort out but it would appear you're buying the freehold which is subject to a lease to the original owner for 40 years from July 1996. Potentially the beneficiary of the lease has a right to occupy the property which will exceed your own.

"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court." means the property is owned as tenants in common. Each party has control of what happens to their share of the property so your solicitor needs to ensure you're buying all the shares.