Point of law, how is a freehold on a property divided?

Question

My wife and I have a joint mortgage and the lady upstairs is on her own,but has a partner so how would the feehold be split between us

Answer 1

To begin with land is the issue here not what is on it.
Freehold is correctly known as fee simple absolute in possession. This means you have the greatest claim upon possession. Technically the monarch owns all the land in the country but Parliament acts on the monarch's behalf when they want to disposses you with a compulsory purchase order. Next in the chain is leasehold. A lease is a right to occupy granted by a freeholder to a leaseholder. There are other possibilities e.g. life interests but I don't think they are relevant. The exact duties and responsibilities of the leaseholder and lessor are contained within the terms and conditions of the lease. In a similar way to a lease a freehold may be held jointly with interests which will be registered as charges and shown at the Land Registry. These charges will indicate what each owners rights and responsibilities are. Next you have to consider legal as opposed to equity interests. As you can see this can get quite complicated. Really your solicitor should have explained things better to you when you took possession. It is possible that you hold a joint freehold but it is just as likely that you hold a leasehold. Legislation was passed in the 1980s and 90s allowing people with leasehold properties to buy the freehold from their landlord under specific circumstances. I cannot possibly tell what your circumstances are without seeing the deeds to the land upon which the property is situated. These will be held by the institution that loaned you the money but the details will be recorded at the Land Registry and your conveyancing solicitor should hold a copy. You should not have to pay for their time to explain fully what your situation is as they should have explained it earlier. Any General Practice Surveyor who is a member of the RICS (Royal Institute of Chartered Surveyors) should also be able to help.These are the guys that the lending institutions hire to carry out mortgage valuations. If you have a dispute of some sort they may be able to provide practical solutions rather than the legal proceedings a lawyer might advise.
So the answer to your question is however the deed is worded.

Answer 2

If you and your wife hold the mortgage and the lady upstairs is purely a guest or lodger, you and your wife are equally owners of the freehold. If you have not signed it over in any form, either fully or in part, the lady upstairs has no claim on the freehold whatsoever. If it is two separate flats then you would each hold the freehold for your own portion of the building.

Answer 3

Sounds as though you have a mortgage on a leashold maisonette. If not then the only property you are interested in is your flat and that would be 50/50 split with your partner

Answer 4

the actual undeniable truth that it really is a "flying freehold" is surely beside the point to this concern. you're in no diverse a concern as (as an get mutually) neighbouring apartments in a block or 2 usually connected homes. you've a ordinary concern of means noise nuisance. you're entitled to "relish" your resources loose from nuisance led to through others. the actual undeniable truth that the nuisance behaviour became ongoing formerly you arrived is beside the point - there are situations of households shifting into homes and effectively putting a end to church bells that were rung together for decades. yet, no matter if a noise is a nuisance or not is a controversy of degree and reasonableness. My wager is that commencing a storage door is not likely to be deemed a nuisance, even early contained in the morning. even even with the undeniable fact that in the journey that they are deliberately making extra noise because you've spoken to them then your case is reinforced. you could talk the remember with the noise human beings at your community council, and also you could keep a diary of what you listen or perhaps as, because this is the first element the council will ask for. you could also attempt to talk concerns with the neighbour back, yet really than asking them to end you could mind-set it from the perspective of searching a at the same time agreeable answer. EG, per chance they could replace the storage door with one it really is quieter?

Answer 5

I would presume if you all own property it would be split between you all.

Answer 6

You sure you have a freehold?