Cellars included in lease but excluded from Land Registry - lessees entitlement?

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    #16
    Originally posted by Codger View Post
    I would expect historic lease to include coal cellars with the house as that was the heating system. Subsequent lesses may have changed this but would need to be explicit about which flat got what. Do any other flats have claims on the cellar?
    I'd say the lease is fairly explicit and as a freeholder I would be saying the same as the OP's landlord. The lease clearly refers to one cellar (singular) and is referring to the one that is part of the property, the other cellar is patently not included but looks to have been used by flat owners over time.
    I would suggest you follow the advice given in post #2 and instruct a lawyer competent in this field

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      #17
      Thanks Lawcruncher for your latest reply, proceeding on that basis makes sense.

      Section20z, are you suggesting that because the lease states "any cellar" as apposed to "any cellars" that this implies only one cellar (see post 10)? That doesn't seem correct and would create ambiguity as the lease doesn't distinguish between the two cellars and both are accessible only from my demise? For only one of the two cellars to be part of my demise surely the lease would need to be more explicit and state as such, and also indicate which cellar.

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        #18
        Originally posted by uzj6c View Post
        Section20z, are you suggesting that because the lease states "any cellar" as apposed to "any cellars" that this implies only one cellar (see post 10)? That doesn't seem correct and would create ambiguity as the lease doesn't distinguish between the two cellars and both are accessible only from my demise? For only one of the two cellars to be part of my demise surely the lease would need to be more explicit and state as such, and also indicate which cellar.
        I agree. "Any" means "one or some of a thing or number of things".

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