Recent changes to the way we create title plans for many leasehold registrations that involve a floor level.
From 23 March, two changes are being made to entry number 1 in the property register.
Where a leasehold registration is subject to a floor level, a separate information note will be added after the property description. An example entry is shown below:
“The Leasehold land demised by the lease referred to below which lies within the area shown edged with red on the plan of the above Title filed at the Registry and being Flat 4, Smith Street, Anytown, (DA1 4XX).
NOTE: The flat is on the first floor.”
Some existing registers refer to additional parcels of land such as garages, parking spaces and garden ground within the description of the property in entry 1 in the Property Register. From 23 March any additional parcels demised by a lease will only be referred to in the register if they are subject to a floor level limitation such as a basement parking space within a building, or where the additional parcel is subject to a strata inclusion or exclusion. In such cases they will be referred to in an information note. An example entry is shown below:
“The Leasehold land demised by the lease referred to below which lies within the area shown edged with red on the plan of the above Title filed at the Registry and being 26 Regents House, Richmond Road, Cowgarth (CK3 8RN).
NOTE 1: The flat is on the first floor.
NOTE 2: The basement parking space is included in the title and excludes the subsoil below.”
This does not alter our policy for the creation of title plans. Additional parcels that fall outside the footprint of the building will continue to be shown on the tenant’s title plan by red edging or other suitable reference.
As with all leasehold titles, the register and title plan must be read in conjunction with the lease to understand the agreement made between the original parties.
This policy change does not currently extend to freehold registers.