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    By Guest on 22nd Jun 2014

    Hi,

    If there is inconsistency between the start date of the lease of a flat in the Land Registry and the Lease document, which one takes precedent from a legal point of view please? Thanks.

  • 1 Answers

    By Guest on 19/07/2014

    It is unlikely that there would be such a discrepancy however the land registry takes its information from the lease therefore if there is then it must be the result of a Land Registry error so the lease would prevail. It may be that you are simply looking at the wrong dates. In a lease there are two key dates - the date of the lease (the completion date of your purchase) and the start date of the term. When a block of flats is built the builder will complete the sales of the individual flats on different dates but to ensure that the lease terms all expire on the same date will usually impose an arbitrary start date which will be before the date of the lease.

    Another possibility is that the lease has been extended and you are looking at the original lease. When the lease term is extended the old lease is terminated and replaced with a new lease which normally, rather than repeating all of the rights, covenants etc from the old lease will incorporate the terms of the old lease by reference to it. If that's the case you need the new lease as well.

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