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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
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Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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In 1970 my neighbor converted his house to create a flat upstairs

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In 1970 my neighbor converted his house to create a flat upstairs and sold it on a long lease 999 years including a large outbuilding at the end of the plot. A single lease was created.
In 1995 the flat and outbuilding were sold separately creating 2 title documents referring to the original lease. The freehold title refers to these 2 lease title documents.
Recently I bought the lease on the outbuilding (which has restrictions to what it is used for).
I have agreed to buy the land off the freeholder that contains the outbuilding.
I have engaged with a solicitor and we have draft contract showing transfer part of the land but nothing relating extinguishing the lease.
My objective is that I want to end up with freehold land with no lease associated to it.
My questions are that I want to get a second opinion on are:
1) My solicitor says that we can simply remove the lease once I become freeholder of the land relating to the outbuilding. Does this sound correct? I was expecting this to happen during the transaction now as my lease is with the current freeholder.
2) How will land registry know to create a new title for the part land transfer and associated it with the outbuilding title lease and keep the flat lease with the original land? i.e. The current freehold has 2 titles leases , the resulting transaction would result in 2 freehold titles one having a lease relating to a outbuilding and the other relating to the flat. How would they know how todo that?
3) What is involved in removing a lease if you are both freeholder and leaseholder? Is it a form sent to land registry or something.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

1. Your Solicitor is quite correct- the Leasehold interest can't be removed until completion, as this would be extinguishing your existing legal interest in the outbuilding/land.

2. The document transferring the Freehold to you will be done by way of a Transfer of part (called a TP1, and will say it is a transfer of part of the existing Freehold title to the whole site) and the Land Registry will therefore know it is forming part of the Freehold title relating to the whole site. They will therefore create a new title number for you, without any issue.

3. When your Solicitor registers the TP1, he will also submit a Form CN1, which is the application form requesting that the leasehold title be extinguished.

I hope this sets your mind at rest.

Kind Regards

AL

Customer: replied 2 years ago.

Hi,

Thanks for that. On Point 2 I don't understand. Currently Freehold title T1 has 2 lease titles L1(flat) and L2(outbuilding). The TP1 will result in in a new Title T2. How will land registry know that L1 stays with T1 and L2 is associated to the new T2?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

The TP1 will include a Plan of the land to be sold to you, and the Land Registry always look into the existing title numbers to see which parts affect the land you are purchasing.

You really don't have anything to worry about.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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