Lease extension not on Land Registry

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    Lease extension not on Land Registry

    Hi,
    I went to view a property which I am really interested in. I have a few issues I'd really appreciate some advice on:

    1. The estate agent told me the lease is 150 years. I downloaded the title deed from the Land Registry. This states that the term of the lease is 99 years from 31 July 1984. From what I understand reading another post on this forum, when a lease is extended, a new lease is issued. So the 150 year term should be on the title deed, no?

    Is it possible the lease has been extended and I'm looking in the wrong place?

    2. The vendor said the flat comes with parking, but couldn't tell me which space exactly. It is a ground floor flat, and there is a large driveway with space for up to 6 cars. However, having obtained the title plan from the Land Registry, the driveway isn't included in the outline of the flat. Interestingly, it isn't included for either of the other two flats (it is a house conversion) which makes me wonder who owns the driveway? Is it possible I could still have a parking space dictated in the lease?

    3. The owner told me she has planning permission to extend the property which is valid for the next two years. I checked the local council planning site and there's no mention of it. Would there be another page place to check this?

    Many thanks indeed for any advice spared on these matters!!

    Jacinta

    #2
    1) Estate agents just repeat what the seller said. Although there could have been a mistake by the solicitors, I think you should insist that the extension is registered before proceeding. It is possible that some flats were extended, but your prospective one wasn't, but the seller didn't realise this.

    2) Sellers tend to overstate parking, reporting the de facto situation, at the time, rather than the legal one, and even then with a positive gloss.

    3) Different councils publish planning information in different ways, but it does seem unlikely that the permission exists. They may need permission from the freeholder, and that might require a substantial amount of money being paid, if they are extending into space outside the demise.

    Comment


      #3
      Thanks so much for your response. You've given me something to go on. It does concern me that this is the 3rd price reduction and not the first time I've seen this one on the market. I had assumed maybe the previous offers fell through but I wonder if it just took a bit of digging to see it isn't as advertised. I'll discuss further with the seller and see what they say. Thanks again!!

      Comment


        #4
        Do you have a copy of the lease? That might tell you if there's an allocated parking space. And not all vendors tell the truth!

        Comment


          #5
          1. That obviously needs to be checked. It is possible that than an "extension" was agreed, but that the new lease has not been registered.

          2. It seems that no parking space was inlcuded in the grant, but it is possible that some right was granted by the lease.

          3. It is possible that the seller is confusing planning permission with building regulations consent. Ask the seller for a copy of the documents she has or pay a visit to the planning office.

          Comment


            #6
            Thanks so much guys!! I spoke to the estate agent and you were right. They have extended the lease but their solicitor hasn't yet submitted the registration with the land registry. I haven't seen a copy of the lease yet but apparently there is right to park, so looking much more promising than I initially thought!

            Comment


              #7
              Lease extensions can take a long time to register. There will be a deed a copy of which which you ought to be able to consider

              Comment


                #8
                You and your solicitor should look at the terms of the new 150 years lease before you decide to buy.

                Comment

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