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    • deFoix
    • By deFoix 12th Aug 18, 1:13 PM
    • 188Posts
    • 119Thanks
    deFoix
    Legal Definition of "First Floor" etc.
    • #1
    • 12th Aug 18, 1:13 PM
    Legal Definition of "First Floor" etc. 12th Aug 18 at 1:13 PM
    Hi, looking for a bit of consensus here It seems my Freehold Title is messed up as it says:

    Flat A [No description]
    Flat B First Floor Flat
    Flat C First Floor Flat
    Flat D Part of First Floor and Second Floor Flat

    In fact, Flat B and Flat C are on different levels. I think the confusion arises because Flat B is on what I would call the Ground Floor (at street level). Flat A is what I would call Lower Ground (or even Garden Floor) as its below street level at the font but has back doors that open out to the garden at the back.

    Does this even matter? Having said that my solicitor (who isnt dealing with the Freehold) insisted that my lease was changed to reflect the fact that Flat D was "[Part of First] and Second Floor" as it included its own front door and stairs from the first floor even though the main living area is on the second floor.

    Thanks
    Last edited by deFoix; 12-08-2018 at 1:18 PM.
Page 1
    • eddddy
    • By eddddy 12th Aug 18, 2:02 PM
    • 7,239 Posts
    • 7,190 Thanks
    eddddy
    • #2
    • 12th Aug 18, 2:02 PM
    • #2
    • 12th Aug 18, 2:02 PM
    There isn't really a legal definition of 'First Floor'.

    If the leases are clear about the extent of each flat, there is no real need to change them.

    If there is some ambiguity about the extent of each flat, the freeholder and relevant leaseholder could mutually agree to change them - having agreed who will pay the legal fees.
    • G_M
    • By G_M 12th Aug 18, 7:17 PM
    • 46,140 Posts
    • 55,812 Thanks
    G_M
    • #3
    • 12th Aug 18, 7:17 PM
    • #3
    • 12th Aug 18, 7:17 PM
    It doesn't really matter unless or until it starts causing confusion eg to



    * the postman
    * utility suppliers
    * the leaseholders themselves (or freeholder)
    etc
    • Tom99
    • By Tom99 13th Aug 18, 12:38 AM
    • 3,091 Posts
    • 2,145 Thanks
    Tom99
    • #4
    • 13th Aug 18, 12:38 AM
    • #4
    • 13th Aug 18, 12:38 AM
    Its the attached lease plan which matters more than the description.
    • still_ill_83
    • By still_ill_83 13th Aug 18, 3:36 PM
    • 13 Posts
    • 3 Thanks
    still_ill_83
    • #5
    • 13th Aug 18, 3:36 PM
    • #5
    • 13th Aug 18, 3:36 PM
    Agree with Tom above. The wording doesn't matter a jot. It's all about the extent shown on the lease plan, although it would obviously be helpful if the Land Registry title was updated to reflect the true situation.
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