Solicitor forgot to register lease extentsion then F/H sold

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    Solicitor forgot to register lease extentsion then F/H sold

    My uncle negotiated a lease extentsion and the paperwork signed and the premium paid.

    The solicitor he used failed to register the new lease.

    Freehold was then sold and the new freeholder will not agree to the registering of the new lease. He claims that when he valued the freehold prior to purchase he relied on the records at the land registry. He claims as a result of the oversight he has lost money.

    Surely my uncle should be able to register the lease and if the freeholder has lost out then surely he should take action against the vendor of the freehold.

    The vendor of the freehold a small property company has gone bust and the debts are enormous so little if no chance of recovery there.

    my uncle solicitor will not comment on anything but acknowledges letters received. I assume he is either trying to negotiate with the freeholder or is dealing with his professional indemnity insurers

    Any ideas or experience of similar

    #2
    Your uncle I believe has an EQUITABLE lease

    In property law, an equitable lease is an agreement to grant interest in land with terms corresponding to a legal lease, but without complying with the formalities required of a legal lease. Equitable leases come into being through contracts. But legal leases require deeds, which are registered if the time exceeds seven years.

    By being based upon a contract rather than a deed, equitable leases are more fragile than legal leases in their existence as well as their enforceability. Also, an equitable lease, not involving the transfer of a legal estate, doesn't offer the benefit of transfer of easements.

    Most importantly of all an equitable lease is un-mortgageable.

    I hope for your uncle sake it was not a statutory lease extentsion, because if it is then he will be unable to force a lease extentsion.

    If the lease extentsion was granted outside of the act with a new ground rent then the demand from the landlord will show the landlord acknowledges the existence of the deed which may help if the purchaser is buying for cash. But unfortunately it will not make it mortgageable

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