When creating an instrument that affects cross leases, such as a Variation of Lease, you need to make sure:
- all titles for the shares in the fee simple are included in the Instrument & Roles page for the instrument
- multiple conveyancing professionals (CPs) are set up in the role section of the Instrument & Roles page if different CPs are acting for the different parties.
Example: Composite titles
There are 2 composite titles:
- Title 1 for a 1/2 share in the fee simple and the lease of Flat 1.
- Title 2 for a 1/2 share in the fee simple and the lease of Flat 2.
A Variation of Lease was created affecting the lease for Flat 1. Therefore the owners of the fee simple estates, Title 1 and Title 2, would both need to be recorded as lessors.
When setting up the dealing, if there are different CPs you'll need to create multiple roles for the lessor in the Roles section.
The lessee would remain as 1 role unless there are multiple owners of Flat 1 and they have different CPs.
To complete certifications CPs will need to:
- select their client's names
- complete the lessor certifications.
The CP acting for the owners of Flat 1 will also need to:
- complete the lessee certifications
- make sure the A&I form is completed by those clients that authorise the CP to act as both lessor and lessee.