Land Registry - How accurate are Title Plans?

nordic-viking

Once again - thank you to everyone who has taken the time to reply. I'm extremely grateful.

So based on the title plans from the Land Registry, two of the flats own a quarter of the garden each ( the upper half ). The remaining lower half is owned by the freehold. Everyone is happy to share the lower garden, and the upkeep, but as per the advice from the Land Registry, I think we'll still update the leases to ensure the rights are legally granted and registered. We also need to formalize the right of way / right of access (?) as the lower garden can only be accessed through the upper gardens.

nordic-viking

OK. Please forgive my ignorance - I have the deeds for my flat. Is this the same thing as the lease?

G_M

nordic-viking wrote: »

OK. Please forgive my ignorance - I have the deeds for my flat. Is this the same thing as the lease?

No.


The Lease is in effect a contract between the original freeholder and the original leaseholder. The contract says the freeholder will allow the leaseholder, or anyone he subsequently sells the lease to, to live there for 99 (125, 999) years.

The leaseholder can sell that lease eg after 2 years, giving the new leaseholder (new owner of the flat) 97 (123, 997) years to live there.

Each time that lease is sold, the sale is registerd at the Land Registry who record the sale via a Title Deed.

When this happens, the original Lease is unchanged. The original names remain. The original 'Term' (eg 99 years) remains. The various clauses specifying rights and obligations remain unchanged.

It is the Title Deed that is updated with the name of the new owner.

Both the Lease, and the Land Registry Title Deed, have a 'Plan' attached showing the boundary of the property (in small scale).

If what you have shows your name as the owner, you have the LR Title.
If what you have shows someone else's name as the original leaseholder, you have the lease.

nordic-viking

Amazing explanation ! Thank you once again.

nordic-viking

OK hello again - so finally all four leaseholders/freeholders have agreed that the lower part of the garden is our joint responsibility.

Even though the garden is divided up in to levels and three of us have agreed that the lower two levels belong to the freehold, one member of our group would like to take exact measurements and formalize all the maintenance responsibilities and access rights.

He has offered to take all the necessary measurements and draft an agreement that we can all sign, which he will then submit to the Land Registry. From all my research surrounding this matter, I understand that this kind of detailed information needs to be updated on our individual leases. Is this correct? Or can we indeed just submit a revised plan to the Land Registry? I hope that makes sense. Please let me know if I need to offer any further clarification.