Exchanging land in leasehold title deeds.

Hi there.

I own a ground floor maisonette which has a registered leasehold title (999 years at a peppercorn rent). My neighbour owns the upstairs maisonette, which has a similar registered leasehold title. Both leasehold titles show areas of garden with my neighbour's being to the side, mine to the front and shared at the rear. In practice, having spoken to the upstairs owner, the side has always been used by the owner of the ground floor maisonette and French Doors lead from the living room to the side garden.  The owner of the upstairs maisonette, does not live in the property (it is let out to tenants) and he is happy to exchange the land to the side with the rear area, as this has reflected the situation on the ground for many years.

The building company who granted the original leases was dissolved in 2012 and therefore the leasehold was transferred to the Treasury Solicitor. Please can you tell me how myself and the upstairs owner can go about exchanging the two (very small) pieces of land?

Many thanks for any advice or instruction you can give us.  As two individuals who would prefer not to use solicitors thereby keeping costs to a minimum, your assistance would be gratefully received.

Chris - We can only advise about our requirements and registration procedures.   There would be other things for which you should consider seeking legal advice. 

You would need to transfer part of the land in your title to the other person and them transfer part of their land to you.  Please refer to the guidance on our website for 'transfer of part' for our requirements - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

You would also need to examine both the title registers to consider if there are any restrictions on either of the titles.  You would also need to look at the relevant leases to see if you can transfer the land or need to seek consent from the landlord before doing so.  

 

Thank you for your reply.  My only immediate subsequent question is that you, the Treasurer’s Solicitor are our Landlord.  How do I gain consent from you for a transfer of land?

Many thanks.

Chris - We are the HM Land Registry, not the Treasury Solicitors. 

You can find information about Treasury Solicitors, which is now known as Government Legal Department, on their website - https://www.gov.uk/government/organisations/government-legal-department