Q&As

Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 23/07/2019

The following Property Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?

Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?

This Q&A assumes that the building is a house converted into two flats with each let on a long lease. The question is, however, unclear as to how the freehold in the building is held. It is unclear whether F1 and F2 together hold the freehold in the entire building or whether F1 and another or others owns the freehold in the upper flat and F2 and another or others, not including F1, hold the freehold in the lower flat (ie a criss- cross scheme). See Practice Note: Residential flat schemes—criss-cross or crossover scheme.

When the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) was originally

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