Loft conversion question

Hello,
I purchased the first floor flat in which I live in 1986 and had a loft conversion completed in 1987.
The freeholder in the ground floor flat was my Mother and neither of us thought about whether or not the conversion needed to be registered with land registry/added to my floor plan and the lease varied/amended.
My mother passed away in 2004 and both of the flats are now shared freehold.
The original lease regarding the demised premises says 
“…all fixtures and fittings in or about the flat and not hereafter expressly excluded from this demise
But not including:
(I) any part or parts of the Building (other than…..) lying above the said surfaces of the ceilings or below the said floor surfaces”
This seems to suggest that the conversion is not part of my property!!
Do I need to register the conversion or get a Deed of variation etc., to ensure that when I die there will not be any problems regarding this for my children.
Thank you for any help you can give.

April - it certainly reads that way but very much a Q for you and your landlord/freehold to discuss and seek legal advice on as appropriate

Ok, thank you Adam, I will find a solicitor. Thanks for your help.

April - if you have a mortgage I'd recommend contacting the lender also - they will need to be involved and may also steer you to a conveyancer as well. 

Sorry Adam, did not realise you had replied to my last message!
I don't have a mortgage fortunately. I have contacted a solicitor regarding a Deed of Variation who is supposed to be dealing with it although it is nearly 4 weeks and I have heard nothing. I sent an email last Wednesday and he said he would look at it and get back to me but still nothing.
Anyway, sorry, my actual question is the solicitor has said I will need a draughtsman to draw up a new floor plan and I was wondering whether or not this is actually necessary?
I would be grateful for any help thank you.

Hi April - if a new lease plan is needed then a professional is best placed to create such a plan. See our PG 40 sup 2 which explains how to prepare a lease plan and what's needed

Hi Adam,

Thank you for your help. It is all very confusing. I understand that a lease plan is different from a floor plan. Will I need both new or just a lease plan?

Also, my Mother built an extension onto her flat and my floor plan also shows the extension outlined in red with balcony written on it. Does this mean that I am able to use this as it was built as a balcony for me - including railings and wall to one side?

Thank you for your continuing help.

Hi April - that all depends on you and the landlord. Not us. So what you need is very much a matter for you and the landlord to discuss and agree upon including what plan(s) are needed. 

Hi Adam,

Ok, I was under the impression that anything outlined in red was part of my property.

Thank you once again for your help.

April - anything outlined in red on HMLR's title plan is included in the registered extent. You've been referring to a lease plan and loft conversion and that plan/level of detail would not be controlled by us.

Hi Adam,

I realise I am being completely stupid but to be clear do I need an HMLR Compliant Lease Plan or a Deed of Variation Plan or both? Or are they the same?
Also, who is the landlord in a converted house (2 flats) which is shared freehold?
Sorry, and thank you.
 

Hi April - nothing is 'stupid' when it comes to such matters as this is not a topic you would be expected to fully understand, so no need to be quite so hard on yourself in my view. And you certainly don;t need to say sory.
An HMLR compliant plan is quite simply a plan that meets the criteria as set out in our PG sup 2 I linked you to. So a plan, drawn/created by someone, that is to be used in a deed/document that then requires registration, should meet that criteria to be compliant.
Deeds of variation are widely used to vary the terms of leases and IF the variation is either varying the original lease plan or perhaps trying to make something much clearer, then a plan will be required. And IF that deed of variation is to be registered with us then the plan needs to be compliant as mentioned.
The landlord is whoever owns the superior title. With leaseholds you usually have a freehold out of which the lease is granted but you can have a freehold/head lease/sub lease scenario also but the registered information should confirm
What's your title number?
 

Hi Adam,

Thanks for that! It must take years to learn all this.

The Title Number of flat 33a (mine) is EX360287

and the Title Number of the actual property is EX749015
 

EX749015 the title of the shared freehold property - which I suspect you would already know.

Thanks April - I've only been here 40 years now so still young in HMLR terms 
EX360287 - that's your leasehold title re the first floor flat
EX749015 - that's the freehold title re 33 & 33A and out of which the 2 leases are granted. One being yours and the other being the Ground floor and garden flat
The Ground floor flat is owned by someone else and together the two of you are the named freehold owners.
So IF your lease current lease doesn't include the loft space then you will need a deed of variation to vary the lease to then include the loft space. Whether that means you need a 'new' plan or not will depend on how your lease and the 'demise' (the leased extent) is defined. For example if there was a plan (there is) then it seems logical to expect a new plan will be needed to include and show the 'new' loft space.
And any deed of variation would need to be between the freeholder and the leaseholder so between the two of you (as landlord) and you (lessee/tenant)
This is all fairly routine conveyancing and very much something you should look to use a conveyancer to assist with. Having a compliant plan drawn up to be included in the deed should not be costly 
Hope that helps explain what's needed and the best way for you to achieve it so that there are no issues in the future re the property 
 

Thanks Adam,

40 years! You must enjoy your career and I would imagine it is interesting and rewarding helping us poor fools : D

I have got a conveyancer but he doesn't seem to be doing anything at all at the moment or keeping me informed - 4 weeks now. Just says he is "looking at it" 

There is no problem with the other leaseholder - we are both waiting to hear in order to sign whatever needs signing.

Thank you for all your help and hopefully I will not thing of any other questions for you.

Enjoy your weekend.

April - fortunately I do and always have done.
The conveyancer will know what's required and these things can and do take time but the key thing is if your are both on the same page (and plan) then speed may not be such an issue as the conversion was done many years ago and it doesn't sound like either of your are thinking of moving etc.
Of course if there is a need for speed then that's something for you to sort with your conveyancer 
Have a good weekend too