i am in the process of purchasing a flat in London, however I have discovered that the head lease is not correct.
Essentially while the lease title indicates that the flat I’m in the process of buying is contained WITHIN the area where it’s supposed to be (the boundaries highlighted on the lease title do match the boundaries of the flat), the Head lease title states that the flat includes only 2 areas, while in reality it includes a third area. Hence the head lease title is not matching what’s represented on the lease title and it’s not matching the actual boundaries of the flat. One of the rooms of the flat is basically missing on the head lease.
The whole building was extended years ago and as a result one more room was added to this flat. It seems that the extra room was not correctly registered on the new head title.
The seller has agreed to do a deed of variation to rectify the head lease, however now the freeholder, who is also the headleseholder is refusing to do it, as they say it’s not needed.
Moreover, there is another complication, ie the lease has been recently extended for a longer period of the headl lease, which it seems would require the freeholder to surrender and re grant the lease to themselves if they wanted to amend the head lease.
I agree with my solicitor that a deed of variation is required and that I shouldn’t buy this property unless this is done, however I wanted to see what the general opinion is, since the freeholder’s and the seller’s solicitors are saying it’s an unnecessary document?
Your advise would be much appreciated!