What happens if our absent freeholder subsequently turns up and claims ownership of the building?
If an absent freeholder suddenly reappears and claims ownership of a building after a vesting order or any other action has been taken, the situation can become legally complex. Here's a general overview of what might happen in such a scenario:
- Legal challenge: The absent freeholder may challenge the actions taken during their absence and contest the validity of the vesting order or any other transfer of ownership or control. They may argue that they were unaware of the proceedings or had valid reasons for their absence.
- Court proceedings: The matter would likely be brought before a court to resolve the dispute. Both parties would present their arguments, evidence, and legal interpretations. The court would examine the circumstances, including the actions taken during the absence of the freeholder, and make a decision based on the applicable laws and regulations.
- Validity of actions taken: The court would assess whether the actions taken during the freeholder's absence, such as the vesting order or transfer of ownership, were conducted according to legal requirements and whether they should be upheld or invalidated. The court's decision would determine the rightful ownership or control of the building.
- Legal remedies: If the court finds in favour of the absent freeholder, their ownership rights may be reinstated, and any subsequent actions taken by others could be deemed void. Conversely, if the court upholds the actions taken during the freeholder's absence, the ownership or control of the building may remain with the entity or individual specified in the vesting order or transfer.
It's important to emphasize that the specifics of such cases can vary depending on the jurisdiction and the details of the situation. Resolving disputes involving absent freeholders often involves complex legal proceedings, and seeking professional legal advice is crucial to navigate through the process and protect your interests. Consulting with a solicitor experienced in property law will provide you with the necessary guidance and representation in such situations.