• Gifting Land In A Shared Freehold

    By Guest on 22nd Jan 2016

    My Mum wants to gift a part of her land to me, so i can build my own home on it
    she lives in a maisonette and shares the freehold 3 other neighbours
    would she be able to do this?

  • 3 Answers

    By Guest on 23/01/2016

    Is the land she wants to build on included within her individual leasehold title or is it only part of the shared freehold? If the former it will depend on the covenants in the lease which may say that she cannot sell part only of the property without the landlord's consent. It may also state that she cannot alter the property or build o the land without the landlord's consent. In either case she would need to get the other freeholders to agree. If the land is only part of the freehold then your mother cannot gift the land on her own - the transfer would have to be from all the freeholders to you

  • By Guest on 23/01/2016

    Thank you for your response,
    Yes the land is hers, included in her freehold share
    So would she still need the aggreement of the other freeholders regardless?
    She aslo has a very small mortgage on her property
    Would this an issue or something her mortgage provider coukd answer for us?

  • By Guest on 25/01/2016

    Hello, the lender would have to release its charge from the land so it would have to consent and as a condition may require part repayment of the mortgage. You say that the land is part of your mother's however I expect the joint freeholders own the whole of the freehold jointly. You should obtain copies of the deeds to check. You can obtain them from http://land-registry-documents.co.uk/order-documents

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