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14-03-2019, 16:47   #31
bri007
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Spoke to solicitor, genuinely haven’t a clue what he was talking to me about and I’m more confused as I was before!

I asked about buying the freehold back and he said oh hold your horses..... you have to buy the leasehold first and then obtain the freehold.

I said ok but how do I go about it. He said it’s not part of buying the house and I shouldn’t be bothered by it. I said I want to get the freehold. Again he said in a few years it’s something to consider. Then I pushed more and he said it had 5-6 different interested parties and he said it would be very complicated!

Again couldn’t say if it was possible to obtain or not.

So am I right in saying now all houses are able to be purchased the freehold back?

I’m totally confused
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14-03-2019, 16:55   #32
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The leasehold is the actual thing you're buying with the house.

The solicitor likely doesn't want to do it, but is not giving you inaccurate advice - it can be bought later and could be complicated but there is the arbitration system to sort this stuff out.

Check landdirect to see if any neighbours have bought theirs out - leaseholds are green hatching, freeholds are not hatched. If others have it is clearly not impossible to sort out.
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14-03-2019, 17:02   #33
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Spoke to solicitor, genuinely haven’t a clue what he was talking to me about and I’m more confused as I was before!

I asked about buying the freehold back and he said oh hold your horses..... you have to buy the leasehold first and then obtain the freehold.

I said ok but how do I go about it. He said it’s not part of buying the house and I shouldn’t be bothered by it. I said I want to get the freehold. Again he said in a few years it’s something to consider. Then I pushed more and he said it had 5-6 different interested parties and he said it would be very complicated!

Again couldn’t say if it was possible to obtain or not.

So am I right in saying now all houses are able to be purchased the freehold back?

I’m totally confused
There's a tale on here about a guy buying a house in Sligo only to find out that a chunk of the small front garden had been CPO'd for road alterations by the Council.

The solicitor told him he'd checked out the folio map on it and that it was nothing to worry about.

"Did the solicitor tell you this in writing?"

"No"



Have your solicitor give you a written thumbnail of the current status and how you go about obtaining freehold in the future. With an approximation for the legal and leasehold purchase costs likely to be involved.

You can't be expected to go in eyes close on potential future issues and need him to give you a written steer - so that if it goes pear shaped you have him on the hook.

"Nothing to worry about" on the phone won't count if you encounter trouble later.
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14-03-2019, 17:08   #34
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I haven't followed the whole thread here but I had a situation where I had purchased a house with a freehold and still had an individual come along a year or so later who claimed to be entitled to ground rent.

They were known for this tactic despite not being the least bit entitled to a penny. Obviously I binned the letter and never heard another word.
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14-03-2019, 17:09   #35
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You need to be careful. It may not be a huge issue but if you want to do extensions down the line you need to be sure that the land is yours and that nobody else has a right.

Your solicitor doesn't seem to have his homework done or wants to keep you blind to the situation.
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14-03-2019, 19:46   #36
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Solicitor seems to be very causal about it. Am I just being over picky about it all?
Your solicitor is being very casual about it OP. He is fobbing you off and delibritely confusing you in the hope that you'll give up. As others said generally you can buy the leasehold out but right now you do not know that for a fact, for all you know it could be in the hands of someone who later intends to profit from you or else make things very awkward for you. I'm not saying this will happen but it is a worst case scenario and if your solicitor is not checking this out now then you could find yourself stuck between a rock and a hard place further down the line.

I would be emailing him instructions to clarify the sitaution including costs for how much it will need to put right, it could add up to thousands in legal fees. Remember he works for you so don't let him fob you off again. Finally he needs to be requesting a statutory declaration from the vendor that there has been no demand of rent on the lease, if he is not insisting on this very important document then he definitely isn't doing his job right.
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14-03-2019, 19:54   #37
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Unless you think the house is worth way more than you are paying for it, I would walk away.

For €450k you shouldn't have to deal with that.

What are similar properties in the area priced at?
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14-03-2019, 19:58   #38
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We are in the process of buying out our leasehold. 3 bed semi D. Built late 1950’s 150 year lease. It has been zero hassle. I would not in anyway let it put you off buying.
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14-03-2019, 20:03   #39
Samuel T. Cogley
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It all depends how easy it is to sort out. Our solicitor provided advice on purchasing the freehold at the pre-purchase stage. I'm a bit confused why yours seems to be obfuscating the issue. Possibly too busy to properly deal with the situation? This is quite common if you've engaged one at the cheaper end of the scale, they tend to work on volume and aren't great if you need tailored advice.
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14-03-2019, 20:13   #40
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The solicitor is by no means cheap! In fact it’s a little more than some prices we got quoted on before we went with this one.

Problem is the solicitor we went with from the start decided when we went sale agreed to delegate the task to another solicitor in the firm and he will oversee him.

I’m not sure if the current one now is a trainee or what but I’ve no confidence in him at all now and don’t know what to do!

He’s adamant about the freehold and won’t budge with it. He also asked have we accepted the loan offer from our bank?? I asked to clarify that, as I said yes we have accepted it and then he replied by saying dodnwe sign it and I said no! He then goes well I need to get working on it and let him work on the legal side of it.

Eight me being totally confused I contacted my broker for some advice and she was horrified and said that is meant to be signed in person with the solicitor.

I feel totally lost about it all now and I don’t know what to do. The solicitor was pushy from the get go!
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14-03-2019, 20:35   #41
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You clearly don't know much about title in Ireland. There is nothing wrong with that. A lot of the advice on this thread is written by people who don't know much about it either. There is some awful rubbish written in this thread.

But what you are entitled to and what you need is advice. Ask the solicitor what advice he can give you in relation to the leasehold to set your mind at ease. It's really his job to set your mind at ease.

That advice should be provided in writing if this is a concern for you.

If the solicitor assigned is not able to explain it satisfactorily I would suggest you call on the original overseeing solicitor.

Just because a solicitor (or a legal clerk) isn't good at explaining these things doesn't mean they are not a skilled conveyancer.

For your issue with the broker and the signing of loan offer, ask the broker and the solicitor to sort it out between them.

I don't know your exact situation, but this is probably going to all be ok. Be patient, hold your nerve.
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15-03-2019, 00:01   #42
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We are in the process of buying out our leasehold. 3 bed semi D. Built late 1950’s 150 year lease. It has been zero hassle. I would not in anyway let it put you off buying.
Are you doing this through a solicitor?
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15-03-2019, 08:43   #43
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We are in the process of buying out our leasehold. 3 bed semi D. Built late 1950’s 150 year lease. It has been zero hassle. I would not in anyway let it put you off buying.
The poster had stated that the leasehold might be split between 5 or 6 different parties I would think this would complicate things considerably.
Your paying a solicitor get them to check it out. As other people have said get it in writing.

When buying my house the solicitor said it was leasehold and had about 80 years left, he said I could go via him (after puchase) at a later date and buy freehold (ex council house) or buy it directly which I did via PRAI in the end, it cost about 200 Euro and took about 2/3 months.
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15-03-2019, 08:53   #44
starbaby2003
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The poster had stated that the leasehold might be split between 5 or 6 different parties I would think this would complicate things considerably.
Your paying a solicitor get them to check it out. As other people have said get it in writing.

When buying my house the solicitor said it was leasehold and had about 80 years left, he said I could go via him (after puchase) at a later date and buy freehold (ex council house) or buy it directly which I did via PRAI in the end, it cost about 200 Euro and took about 2/3 months.
We just went via the arbitration route on the prai. Ours had changed hands numerous times. It is up to the lessor to get in contact then. It will be held in an account for a number of years. https://www.prai.ie
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15-03-2019, 08:59   #45
Franz Von Peppercorn
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The solicitor is saying I think that buying the property and buying out the leasehold are too different actions, and you need to do the former before you do the latter.

The only question that needs to be answered is whether buying out this leasehold is more complicated than usual or not.
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