Head lease shorter than underlease

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    Head lease shorter than underlease


    I have trawled through the posts and can't find a full answer to my question.

    I own a property that appears to have two leases.

    First is a lease (I believe the Head lease), granted in 1984 with a period of 99 years from 1935, so expiring in 2034.

    There is then another lease (I believe the underlease) which was 'granted' by the lessee of the first lease for a period of 125 years from 1989.

    I have two questions:

    1. I believe the second lease classes as an assignment as it is for a shorter period than the headlease - but I am not sure of the implications of this for me

    2. Do I need to be worried that the first lease on has 19 years left if the second lease doesn't expire for another 100 years?



    I am not an expert but AFAIK once a lease expires any leases below it no longer exist, so yes, I would be very worried indeed.

    If the above is true, I have to question the competence/honesty of the solicitors involved in creating the underlease

    I also wonder why Land Registry registered such a lease if the length of its term was a logical impossibility.

    And what about the solicitors who did your conveyancing, because they should have picked this up!! They may be liable to pay you compensation under their indemnity insurance scheme, so that's worth investigating.

    Also, do you have a mortgage on the property? Because your Lenders should be concerned too.

    Hopefully our resident experts will have some answers to these thorny questions...


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