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ChatterBank1 min ago
lease and freehold rights of access
4 Answers
please can you tell me what this means, i bought my house last year as the leaseholder, and then bought share of the freehold, from the same person in the same transaction. I am trying to sell this house now and have been asked to provide a deed of varivation, however i have read the lease and have put in below what it says, also being the freeholder ie landlord doesn't that mean i have the right as the landlord and therefore will always be permited to entry. As they are saying that it doesn't stipulate that the new owner has access to the property. please help, his solicitors are driving me mad.
Demise.
The landlord HERBY DEMISES unto to the Tenant with the full title Guarentee ALL THAT the property described in the first schedule herto,( " The Dwelling") TOGETHER WITH the rights set out in the second sehedule herto BUT EXCEPTING AND RESERVING unto the Landlord the rights set out in the THIRD SCHEDULE hereto
Third Schedule:
" the right of pavement level access across the former coal bunker leading to the front door"
Demise.
The landlord HERBY DEMISES unto to the Tenant with the full title Guarentee ALL THAT the property described in the first schedule herto,( " The Dwelling") TOGETHER WITH the rights set out in the second sehedule herto BUT EXCEPTING AND RESERVING unto the Landlord the rights set out in the THIRD SCHEDULE hereto
Third Schedule:
" the right of pavement level access across the former coal bunker leading to the front door"
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It would be better to let your solicitor deal with this. I wonder why you are trying to deal with it?
In the attached weblink, the Land Registry explain how deeds of variation are handled by themselves when registering the new lease. I've had a trawl through some of this stuff (on registering a lease) and suspect that either the clauses used in the way your lease was set up is different from the wording that LR now require (standardised wording is required) or the solicitors don't have enough information to confirm your title to the freehold element.
You say it is a house yet you have a share of the freehold. The way this generally works is you own a share in a management company (shell) that actually holds the freehold. Each of the people holding a lease on the whole of the freehold site would hold such a share. If its a house, what other properties with leases make up the total freehold site? I ask this because such arrangements are clearly more common with a group of flats or apartments.
http://www.landregistry.gov.uk/education/pres_ leases_new/amendment/variation_deed/
In the attached weblink, the Land Registry explain how deeds of variation are handled by themselves when registering the new lease. I've had a trawl through some of this stuff (on registering a lease) and suspect that either the clauses used in the way your lease was set up is different from the wording that LR now require (standardised wording is required) or the solicitors don't have enough information to confirm your title to the freehold element.
You say it is a house yet you have a share of the freehold. The way this generally works is you own a share in a management company (shell) that actually holds the freehold. Each of the people holding a lease on the whole of the freehold site would hold such a share. If its a house, what other properties with leases make up the total freehold site? I ask this because such arrangements are clearly more common with a group of flats or apartments.
http://www.landregistry.gov.uk/education/pres_ leases_new/amendment/variation_deed/
Your purchasers solicitor is correct. It is the first landlord who has the right of access, not you.
However, in the link usefully provided by buildersmate you are invited to discuss the rectification of this anomaly with the Land Registry and to commence you should phone your local District Land Registry Office.
However, in the link usefully provided by buildersmate you are invited to discuss the rectification of this anomaly with the Land Registry and to commence you should phone your local District Land Registry Office.
But you are not the first freeholder/landlord.
You have to understand the concept that sometimes in these matters a contract is created with the first landlord only, it does not transfer to his successors. This is what your wording has created. However the mood at the Land Registry is to rid land of these irrelevant things, and if you speak to your local District Land Registry Office you will find that they are very helpful and it may only be a couple of DIY forms and a fee of around �80 to straighten your problem out.
You have to understand the concept that sometimes in these matters a contract is created with the first landlord only, it does not transfer to his successors. This is what your wording has created. However the mood at the Land Registry is to rid land of these irrelevant things, and if you speak to your local District Land Registry Office you will find that they are very helpful and it may only be a couple of DIY forms and a fee of around �80 to straighten your problem out.
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