Communal area (corridor) added by mistake to original lease floor plan

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    Communal area (corridor) added by mistake to original lease floor plan

    Hi there, I hope that someone will be able to help me. I just bough a flat (leasehold), there is a tiny corridor leading to my flat door that only I use to be able to get into my flat. It is not shared with anyone but is part of the common parts. The corridor was by mistake included in the floor plan attached to the lease. Before I exchanged my solicitor asked me to look at the map on LR and to confirm to I was happy with it. I was and I still am, as the flat shown on LR is the correct flat and the corridor is so small that it would not show on LR. The freeholder contacted me a few days ago saying that they have noticed a mistake on the floor plan and they are asking for 1500 to put things right, and they also say I should speak to a lawyer to prepare a deed of variation. The thing is the floor plan attached to the lease dates back 2012 when the block of flats was first built. It have never been picked up by anyone until now, and I am not even and would never be claiming rights over the corridor as it forms part of the common parts. Do I have any claim at all against the seller whom I am sure knew about this but did not say anything? Also is it the responsibility of the leaseholder or of the freeholder or both to amend the floor plan? Finally does it have to be changed? I am thinking no future buyer would ever think that the corridor leading to their flat belongs to them? Thanks for your help, I have already spent so much for the conveyancing I would like to limit any unnecessary future costs. Thanks, Charlotte

    #2
    Hmm. It's the freeholder that cocked up, and he wants you to pay to rectify his error? Tell him to go to hell IIWY.

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      #3
      Yes in my view it is the freeholder responsibility here not mine as the plan has always been wrong, but I do not know if I have a legal angle to back me up? Thanks for your help

      Comment


        #4
        I guess the only downside is that you may have to decorate the lobby & re-carpet it.

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          #5
          Sorry what do you mean? The lobby is already being managed by the freeholder. A cleaning lady comes a very week to to vacuum etc
          Do you think I would be in my right to write back and explain that it is their responsibility to amend the lease not mine? Thanks

          Comment


            #6
            Is the area in question included in the red edging on the Land Registry plan?

            How many square feet is the area in question?

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              #7
              I think it is but I am.not really sure - the LR plan is so not precise. I remember writing to my solicitor at the time saying that I could not confirm the LR plan was accurate as the boundaries were not that clear cut. She said it does not matter and all that matter is that I recognise the building and the plot. The area is probably like 2 square metres.

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                #8
                What seems wrong at the moment is that they want me to bear all responsibility when clearly the original plan was simply wrong. But I just don't do what my legal arguments are. Right now I feel that I am relying mainly on common sense and I would like something more robust. Thanks for your help

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                  #9
                  This sounds like a protected lobby for fire safety purposes, in which case the freeholder really does need to control it (and any carpet would have to be fire resisting).

                  That fact might tend to hint that lease intended it to be part of the communal area.

                  Comment


                    #10
                    In this case I am not sure that we can go much further than common sense. Your solicitor's observation that "it does not matter and all that matters is that I recognise the building and the plot" if not quite the case, reflects the reality that legal plans rarely show precise boundaries. There is no case or statute you can quote to the landlord. You are not in breach of any covenant and have not engaged in any wrongdoing so there is no question of any obligation on you to do anything. The suggestion you should pay him a premium for putting the matter right is preposterous.

                    I think the attitude to take is to tell the landlord that you are happy to concede that the area in question is not included in your demise. However, since the area is so small you consider the whole thing to be de minimis and not in need of correction. You are therefore not prepared to incur any expense in connection with it and certainly are not going to pay him a premium. Go on to say that if he really wants to correct the position you are happy to execute any necessary document so long as he pays your legal expenses including Land Registry fees.

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                      #11
                      Ok that is very helpful. I think that is the approach I will take. Thanks for posting me in the right direction. I am not looking to have any possession of that lobby of course and I feel that if they really want to amend the plans they should do it themselves as the mistake originated from them. I think as I clearly do not have any exclusive possession of the area there is any risk from the freeholder perspective that me or any future buyer would claim ownership of that lobby. I will see what they say... Thanks again everyone for your help

                      Comment


                        #12
                        They are probably worried that you, or a future tenant, might try to subsume the corridor as part of the flat.

                        There was a thread about someone doing that fairly recently:
                        https://forums.landlordzone.co.uk/fo...ndary-question

                        But that's their problem and if you haven't done that then I don't see any reason why you should be asked to pay towards sorting out their error.

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                          #13
                          Thanks for sending the link to that thread - it is very helpful. I think you are spot on. I am not trying to claim that the lobby is mine, and I have not put any lock or anything on the door leading to the lobby. I am more than happy for them to amend the lease but not at my own cost basically. Fingers crossed they will think along the same lines (but I doubt they will )

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