• Superior Lease Sub Lease

    By Guest on 10th Jan 2016

    I am looking to buy a flat but my solicitor has noticed a potential defect in the lease that is being offered by the vendors. The flat sits on a piece of land which has a freehold interest. The flat occupies a smaller pice of land than the freehold interest. A superior lease for a smaller area has been granted out of the freehold.The flat I am buying however only occupies part of the area covered by the superior lease. This has been covered by issue of a sub lease from the superior lease. The flat is being sold with the benefits offered by the superior lease which of course provides rights over the original freehold. The question however (as raised by my solicitor) is whether the flat should also be sold with rights over the area covered by the superior lease as the flat sits within an area that is subject to the superior lease.
    The vendors solicitors have refused to accept a problem or a suggestion that a deed of variation is put in place as this may cause concern for other owners / prospective purchasers of other flats.
    This is a real problem. Have tried to get insurance but 4 companies have refused to offer cover.
    Is this a real problem or has my solicitor got it wrong?

  • 1 Answers

    By Guest on 13/01/2016

    Hi, I would need to see copies of the leases and the freehold and leasehold titles before offering.an opinion. Yiy can email them to help@freeconveyancingadvice.co.uk if you wish

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