Q&As

If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?

read titleRead full title
Published on LexisPSL on 16/07/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?

If the description in the lease of the demise of a flat is inconsistent with the lease plan, which description prevails?

A lease must be in respect of a specific piece of property. It is the parcels clause which sets it out. Where a lease is granted after 19 June 2006 for a term of more than seven years, such that it is a prescribed clauses lease, it must contain a full description of the land being leased . Many leases define the property which is to be demised by reference to a plan. The Land Registration Rules 1925, SI 1925/1093 required the use of an ordinance survey plan (although that would not always be possible where a demise was a part of a building). The Land Registration Rules 2003 (LRR 2003), SI 2003/1417 contain no such provision, although there is detailed Practice Guidance on the Land Registry website as to what it expects of plans (see, in particular: PG40s2 Guidance for preparing plans for Land Registry applications).

Identifying what has been demised is a question of construing the lease. If an accurate plan is used and care is taken to describe the property, this will present little difficulty. If,

Related documents:

Popular documents