Term difference between official lease and land register

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    Term difference between official lease and land register

    Hi,

    I recently bought a property from auction. The terms on the official lease and register title are different. The original lease states 125 years but the title shows only 107 years.

    My solicitor wrote an email to HM land registry, and got a reply saying the original lease (125 years) is correct and the title register is wrong so we can amend the latter by simply lodging an AP1 application for free. Is this too good to be true? The property is on a short lease and this correction can save tens of thousands of pounds when doing extension . If this can be correctly easily, I don't understand why the previous owner didn't do it.

    The original lease was made with an underlessor, and from the land register I can see all my neighbours are on a 107-year lease and nobody complained.

    I hope to hear your advice soon.

    Thanks,
    Sue

    #2
    The original Lease always trumps the registration . I've had a huge argument with the Land Registry having relied on the registered entry which was wrong as to the term remaining on a lease of a flat in a block. Their position - officially - is that the lease particulars as for example is registered as a charge against the freehold are there just to help you identify the lease. After pressing my point and explaining that everyone in this business relies on the integrity and veracity of information on the Register and is entitled to expect it to be correct, eventually, the Land Registry backed down and paid some compensation.

    Comment


      #3
      Thank you for the insight. The original lease was signed with an underlessor (the council) not with the freeholder, which might be different from your case? Because if I want to extend the lease, I will get in touch with the freeholder directly.

      Comment


        #4
        You serve a s42 on your landlord who is then compelled by law to bring notice of the claim on its landlord. I wouldn't recommend attempting to DIY this. Put yourself in the hands of people who do this work for a living. I've been doing these for over thirty years and am still learning little oddities of the law.

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