dispute over demise

[tony786]

hi i am a free holder, i sold a first floor flat in 1980 on a 99 year lease, the lease plan shows the demised first floor flat edged red. how ever within the edged red is the stair case leading up from the ground floor to the first floor flat. the lessee of the first floor flat claims that the stair case belongs to her because it is edged red in her demise plan. the demised premises are described in the lease as be all that the first floor flat situated on the first floor edged red on the plan attached.

the problem is that from the stairs leading up to the first floor is another set of stairs leading to a flat on the second floor of the building.

the leassee to the first floor flat is now saying that the stairs leading up to the second floor are encroaching on her demise and have to be removed and is threatening to remove them, effectively she is saying that the leassee to the second floor flat is trespassing through her demise to get to the stairs of the second floor flat.

in the lease of the first floor flat there is no reference to the stairs leading up to the first floor being demised to the first floor flat which the leassee is claiming to be hers as it is edged within the red to her lease plan. the communal areas should be couloured pink, the hallway leading to the stairs on the ground floor are coloured pink, however the stairs to the first floor and second floor are not pink.

the lease plan however of one of the two ground floor flats does show the hallway and the staircase leading up to the first floor flat as coloured pink.

so please i need your advice as to what to do with the problem leassee of the first floor flat? and is she right?

[RAH82]

This is a difficult question to answer without seeing a copy of the lease. I would suggest that you obtain professional advice from a solicitor who is familiar with leasehold property. It shouldn't take too long to read through a lease and advise you.

I would expect the definition of "demised premises" (or the equivalent) in a 1980s lease to be a great deal more detailed than simply "all that first floor flat shown edged red on the attached plan". Is there no mention of beams, joists, ceilings, walls etc.?

Are the common parts defined (besides the reference to pink colouring)?

It sounds as though there may be an clerical defect in the lease. An application to the LVT to vary the terms of the lease would not be appropriate under either section 35 or 37 of the LTA 87; however, I believe a Court would have the power to rectify an obvious clerical defect (I can't recall the relevant caselaw to support this).

[JK0]

How stupid is your lessee? She must have noticed stairs up to 2nd floor when she bought. Some people have too much time on their hands I think.