Which part of lease still applies

G_M

The 2nd 3 words of your post make the rest of it pointless to read!

Pay the money and check!

As for the lease, again I ask: what area(s) of land does it cover? And who owns it? You? You jointly? A N Other?

sh_kilnao

Hi G_M,
I already have copies of both titles (I presume you meant money for that?). When I said "I think" I just meant "If I understand correctly what you wrote", but I am pretty sure what the situation is here - house is freehold, and the lease is for the common area and all the properties included in the development, leased to all shareholders jointly. Also, in the freehold title there’s a sentence: “The land is subject to the lease set out in the schedule of leases hereto.” (and then the reference to the lease title). It’s just confusing as freehold applies to land which the leasehold also partially applies to (ie. the land of the individual house), but while assigning full ownership for indeterminate duration it does not remove stipulations referring to the said land.

G_M

What exactly is the confusion?

As I understand it:

* You own the freehold to some land. This land comprises (I think) your house and garden. Presumably the Freehold Plan specifies the outline of this land (you've checked?), and the freehold Title names you as owner.

* The Freehold Title also states "“The land is subject to the lease...". Presumable the Land Registry Title number for that Leashold Title is shown ('xyz').

* the Leasehold Plan (for xyz) shows that the extent of the leasehold is for the 'common areas' (and your house? garage? garden?) as well? Not clear to me). You've checked?

* The Leasehold Title for 'xyz' lists as its owner a company (ABC Ltd), the shareholders of which are the various property owners in the development (including yourself I assume).

* The terms of the lease apply to whatever land the lease includes.

* so for your specific questions:

stipulations requiring that the garage is used only for storing a car (!), and that the lawns need to be mowed (for all premises, not only common land).

If the garage and lawns fall within the area of land included in the Leasehold Plan, then the stipulations apply. However if the 'common land' lawns fall within the area covered by the lease, but the 'property' lawn does not, then only the 'common land' lawn is covered by the stipulation in the lease.

Hence my repeated advice that you refer to the Plans.

* You also ask:

I wonder what is common practice when a freehold supercedes leasehold - which parts of lease would you expect to still apply?

A Freehold does not 'supercede' a lease. Land that is subject to a lease is in all cases also owned freehold - either by the same person or more usually by someone else. Where a lease exists, its terms apply. Always. The lease is, effectively, a contract between the freeholder and the leaseholder and the lease gives each of them a number of rights, and obligations, as defined by the lease.