Original Lease Unavailable

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    Original Lease Unavailable

    I’m currently selling a shared ownership property, the buyer is purchasing the whole flat and I’ll be staircasing to 100% on the day of sale.

    The Buyer wants an original copy of my lease, nobody has one but the Land Registry does have a copy with a red lined title plan.

    Are the Buyers solicitors being unreasonable? Is there a remedy to the problem that doesn’t take months as the developer I’m buying from is getting twitchy.

    Thanks.

    #2
    Refer the buyer's solictor to section 67(1) of the Land Registration Act 2003 which says:

    An official copy of, or of a part of—

    (a) the register of title,

    (b) any document which is referred to in the register of title and kept by the registrar,

    (c) any other document kept by the registrar which relates to an application to him, or

    (d) the register of cautions against first registration,

    is admissible in evidence to the same extent as the original.

    (You should incidentally ask whoever acted for you on the purchase where the original is.)


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      #3
      Thanks for the reply, I’m trying to establish what their problem is with the original.

      Unfortunately the solicitor that acted for my originally has gone out of business.

      Comment


        #4
        Sorry to members again. You are buying a lease, not a flat, therefore you MUST have a copy of the lease.
        You are buying the ability of the lease owner to transfer the lease to your ownership, for which money changes hands to make you the legal owner of the lease via the prescribed method of legal transfer that lets you have sole access to the rooms in the flat.

        Same as transferring car number plates. I have it, you want it, therefore pay my price and I will let you have the use of it, for your sole use., via the prescribed method of legal transfer.

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          #5
          You get this sometimes with some people.

          Since dematerialisation in 2002, the actual hardcopy papers are useful but not legally binding. The legal lease is whatever HM Land Registry has stored.

          If the lease is registered at HM land registry, that’ll be fine.

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            #6
            Originally posted by Protoknight25 View Post
            Since dematerialisation in 2002, the actual hardcopy papers are useful but not legally binding. The legal lease is whatever HM Land Registry has stored.

            If the lease is registered at HM land registry, that’ll be fine.
            What was dematerialised was the register. The register, both before and after dematerialisation, is the title to the property. The original documents cannot, and never could, be used to prove title, but that does not mean they cannot be produced in evidence in a case which does not involve proving title. If, for example, a tenant wants to sue his landlord for breach of covenant he can produce the original lease as evidence of the covenants. However, as stated in post 2, an official copy is also admissible as evidence.

            A bit of a problem is that, particularly if the lease is an old one, the copy produced by the registry may be illegible. At one time the originals were looked after carefully, but after the LR stopped issuing land/charge certificates no one wants to have custody of title documents.

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