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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 233
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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Aston I own the freehold to a block of flats. One of the

Customer Question

Hi Aston
I own the freehold to a block of flats. One of the flats has been repossessed and the bank are now selling it. The lease states it is " first floor only" and the plan only shows the first floor, not the area on the ground floor. Land registry only shows the first floor too .
The banks solicitors are pleading with me as the freeholder to do a deed of variation on the lease and help them change the land registry to show the lower floor.
Firstly do I have to give them this consent ? , and secondly if I don't give them consent can they take me to court and force me to give consent.
My view is that the lease has worked fine as it is for many years, with the property having been bought and sold several times with no problems so why should I go through all the hassle and inconvenience unless I'm getting rewarded well for it.( whilst I acknowledge they legally have the right to use the ground floor as its part of their property I still feel as though I am selling them more land t
Submitted: 6 months ago.
Category: Property Law
Expert:  propertylawyer replied 6 months ago.

Hi Jonathan

Thanks for your question.

Why are you being asked to grant a deed of variation? It would appear on the information provided that there is some sort of issue with the demise and the ground floor.

Sometimes problems can go unnoticed and are only discovered years later.

If there is a clear defect and you refuse consent then the matter could be referred to the lands tribunal for rectification of the lease. If the matter went to tribunal there would be cost implications and the tribunal may award against you on costs as a hearing could have been avoided if you consented.

I am certain that as part of agreeing to the variation the other party will cover your legal costs, if not they should be. Your fees should be paid.

As to the issue on reward, this will be difficult to argue if there is a clear defect, why should you benefit from a defect.

Also consider that rectifying the defect will benefit your freehold interest. It could potentially affect marketability of your freehold interest if the lease is defective.

I hope this response is helpful. Please remember to accept /rate in order for me to receive credit for my time in responding.

Kind regards

Paul

Expert:  propertylawyer replied 6 months ago.

Hi Jonathan

Can I assist you further?

Expert:  propertylawyer replied 6 months ago.

Hi Jonathan

I am just following up on my response.

I am happy to assist further if you have any further queries.

If not please can I ask you to take a moment to accept /rate my reply so that I receive credit for my time in responding to your query.

Kind regards

Paul

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