Myself and my partner are in the process of attempting to buy a property in Newport. The property was built in around 1977 by a company which has since become Melin Homes. When built, the property wasn't correctly registered with the Land Registry and as such, a portion of the building which overhangs a public footpath with an archway going underneath was never registered as being part of the property. When the estate agent and our mortgage company surveyed the property, they concluded that the overhanging part of the property consisted a flying freehold - i.e. the overhang belonged to the property but the land did not belong to the property. We have proceeded with purchase of this property in good faith since May 2012 however Melin Homes, when being asked to correct this anomaly, has refused point blank and has also insisted that we take the land as well, leading us to potentially accept a legal minefield with regards to underground cables, plumbing and if anyone has an accident on the land.
Please could you assist in explaining to us why Melin seem to think they have the right to change the goalposts and force us to accept the land whereas the original home was supposed to be built and registered with the land excluded.
Serious advice needed
Oh flying freeholds are a fuckin nightmare. We used to live in a big old house that'd been divided in the 1800s and had rooms and cupboards protruding into the neighbouring house (that'd never properly been registered). Despite there being no problems between our family and the neighbours the paperwork took *years* to properly sort out.
"He has to be larger than bacon"
Well the flying freehold itself isn't really the problem insomuch as our mortgage company are aware of it having done their own survey and are still willing to lend us the money to purchase the property. It's the original housebuilders trying to force land onto us that we don't want because they know that if they agree a compromise with us, they will have problems with other properties on the development that have a similar issue.
What happens if you don't buy the land?
In honesty, I think you're in need of some really specialist advice. Try Citizens Advice or if you can afford it a lawyer with experience in estates.
In honesty, I think you're in need of some really specialist advice. Try Citizens Advice or if you can afford it a lawyer with experience in estates.
It's either all or nothing - we either take the land or we don't have the house.
HOWEVER : Update:
The local council have, this afternoon, FINALLY (after contacting them two weeks ago) provided to me in writing an assurance that, as a public adopted highway, THEY are responsible for the maintenance of, and liability therin, for the footpath that runs under the archway. Hence there shouldn't be any legal issues arising from owning the land, which was the major stumbling block. I have spoken to our mortgage advisor's secretary who says there shouldn't be a problem so long as our solicitor is happy. I emailed everything on to him and am now waiting to hear back from him tomorrow morning.
HOWEVER : Update:
The local council have, this afternoon, FINALLY (after contacting them two weeks ago) provided to me in writing an assurance that, as a public adopted highway, THEY are responsible for the maintenance of, and liability therin, for the footpath that runs under the archway. Hence there shouldn't be any legal issues arising from owning the land, which was the major stumbling block. I have spoken to our mortgage advisor's secretary who says there shouldn't be a problem so long as our solicitor is happy. I emailed everything on to him and am now waiting to hear back from him tomorrow morning.