8:16 AM, 10th June 2016, About 5 years ago 15
I have just learned that my flat is 67 years lease remaining the same as the other flat which is asking me for a lease extension as I am the freeholder. Now come remortgage and I have been informed to extend the lease. I am the freeholder, but in the land registry it is 67 years lease.
I have received an email to the solicitor and it says down below.
Upon reviewing the file, we note that the freehold interest and the leasehold interest are in exactly the same names. The issue is that you cannot grant yourself a lease extension. Therefore, the freehold or the leasehold would need to be transferred into a different name before the lease extension can proceed.
However, if you were looking to transfer the freehold, the provisions of the Landlord and Tenant Act 1987 may apply to you and if so, you would need to comply with the said before transferring the freehold. We do not deal with such matters therefore you would need to appoint a solicitor who deals with transfers of freeholds for landlords before you proceed any further with the lease extension/ remortgage.
My question is how did the solicitor conveyancer did not register the property in the land registry as freehold when I bought this property?
What shall I do if I can not grant an extension to my lease?
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