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If an individual holds a land or an immovable property for an indefinite time period, then that is referred to as Freehold or Fee Simple. This is considered as one of the two ways of owning land in England and Wales. Usually, in this type of a land holding arrangement, the owner may place this property on rent for a fixed period of time, which eventually builds up a landlord tenant relationship. Leasehold is the second method of owning land. Here, the rights of a property are transferred to the occupant for a shorter period of time. Below are answers to few of the more common legal questions about this form of land or property holding laws: How can I take off the “For Sale” signs that have been put up near my freehold property? It is a U.K based bungalow and is situated in a retirement community estate on a land that is communally owned. This land is managed by a Trust and the estate agents have erected these signs without taking the Trust’s permission.
Normally, no estate agent has the right to put up a “For Sale” post on lands that are communally owned unless they have the permission from the joint proprietors of that land. This is because these proprietors have the power and authority to decide what boards to allow and what to remove. Likewise, if such kinds of boards are posted on public or private grounds, then in that case, the local authorities do have the right to take off those boards and even fine the agent for doing that. However, in a situation like yours, if it is the Trust that owns the land, then it is completely the Trustees on whom the removal of those boards depends. It means they have the complete right of removing the posts from that land. However, in order to remove these boards, a resolution needs to be passed by the owners that would direct the Trustees to do so. Therefore, in this case, it would not be legal for you to take away the boards by yourself as you may not have the right to do that. Thus, if this is the case, it would be better if you can take up the issue with the agent and try to sort a middle way out of it. Alternatively, what you could do is approach the court and under the system of common law, you can take a legal action against the agent arguing that erecting these boards has caused sufficient nuisance in the community. What are my legal rights in a case where my father has made a will that gives a freehold property based in U.K to my son, in which I will have the right to live as a tenant all my life? The property has been insured and taken over by the solicitor which means that I will not be able to claim my rent allowance from housing benefits and my son cannot collect rent from me.
There are two things that you would need to consider in a case like this. First of all, you do have the right to live in that house throughout your life according to your father’s will. This particular clause of the will indicates that your son would possibly not claim rent from you. Secondly, as far as the housing benefit is concerned, you would likely not be able to claim rent allowance. This is because housing benefits are usually not granted to people where the tenant seems to be a close member of the landlord’s family. If a British citizen has obtained a freehold property in Florida, America as an off-shore investor, would he or she need a U.S advocate to deal with this case or a British lawyer would be enough to meet the legal requirements?
In a situation like this, it would be a good idea for you to appoint an attorney who has a license in Florida and has experience in real estate as well as international law in order to deal with this case. This is because the laws in the United States differ a lot from the British laws. A Florida licensed attorney would be able to conclude the sale of the property by taking into account all the required aspects of the law. Usually, people tend to mix freehold property rights with leasehold property rights. There are several factors that every individual should consider while purchasing a freehold of a leased property. Those factors are the period of residence, additional costs involved, and the legal formalities of making such a purchase and so on. Therefore, it is always better to seek professional guidance in such situations. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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