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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Anomalous registration of new 999 year lease

Customer Question

I recently extended my lease from the 38 years remaining to 999 years. My old lease was one of four occupational sub-leases carved out of a non-occupational headlease, also with 38 years remaining, and my new lease has been carved directly out of the freehold and its particulars make no reference to the headlease. But despite that, it has been registered as hanging off the headlease like the old sub-lease it replaces.


At first I thought this was a mistake, but the Land Registry say it must be registered this way because the headlease is concurrent and cannot be merged back into the freehold on account of one other remaining sub-lease still subject to it.


Two other lessees with sub-leases off this blasted headlease did the same exercise as me some time ago, and their new leases were registered directly off the freehold as one would expect. But apparently the rules changed in 2007, and this means my lease can no longer be registered like theirs.


Although hopefully my solicitor will deal with this, I would like to find out here:


* more background about this, with references to the relevant legislation and Land Registry professional guidance.


* Whether it is likely to be a problem when I come to sell the property


* If so, how can it be rectified (preferably quickly!)


 

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Thanks for your reply. Yes I'm fine continuing to wait, for a few days if necessary.

Please note that I have shortened the text considerably, so any experts who previously declined to answer because the question looked too long and complicated to be worth the effort, may now be willing to reconsider!

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola