Successors in title—leases

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Successors in title—leases

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.

A standard lease will commonly contain the wording: ‘the expression “the Tenant” includes the successors in title of the Tenant’—see Precedent: Lease of whole building.

The Chancery Division case of Snape v Snape concerned an option to purchase neighbouring land that was expressed to benefit ‘successors in title’. The sub-tenant under a 99-year lease argued that they were a ‘successor in title’ and accordingly were entitled to enforce the option to purchase. However, it was held that the meaning of the phrase in that case was in reference to a successor of the freehold owners and accordingly did not extend to a tenant.

Similarly, in Souglides v Tweedie, the Court of Appeal held that a tenant who held a new lease following a surrender and regrant was not the successor in title to the original tenant under the lease prior to the surrender and

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