Boundaries set out by land registry or boundaries set out in the lease

alexjcarr10

I am trying to understand what has the higher legal authority.

Boundaries set out by land registry or boundaries set out in the lease.

The land registry shows ownership of the majority of the land minus a small section for the upstairs maisonette.

However both leases to the ground floor & upstairs maisonettes are very old and show lots of common paths which fall into the land we own according to the land registry and uses wording such as 'the right of the tenant or occupier of the upper maisonette the right to use said pathways and passageways'

Please can someone advise?

Thanks

A

SmashedAvacado

The basis of your ownership is set out in your lease. To be valid, your lease will be registered and the lease plan on the land registry will show the boundaries of the property but in terms of rights / reservations over the property you need to read both the lease and the legal title.

If your lease grants the neighbour rights over your property, then even if they are not shown on the title plan, they will still potentially be excerciable / be valid.

Mojisola

alexjcarr10 wrote: »

However both leases to the ground floor & upstairs maisonettes are very old and show lots of common paths which fall into the land we own according to the land registry and uses wording such as 'the right of the tenant or occupier of the upper maisonette the right to use said pathways and passageways'

You own the land shown on your deeds but you don't have exclusive use of it because the upper maisonette owner has rights of way over some parts.