Cross lease transactions can be complex and special care should be taken when setting up these types of dealings.
This is necessary to ensure the right certifications display appropriately for each lessor and/or lessee.
When creating an instrument that affects cross leases (eg a Variation of Lease, Surrender of Lease) you need to ensure;
- All titles for the shares in the fee simple are included in the 'Create dealing' screen for the instrument
- If a different Conveyancing Professional (CP) is acting for the different parties, that multiple CP’s are set up in the roles section of the ‘Create dealing’ screen
If there are two composite titles:
- Title 1 for a ½ share in the fee simple and the lease of Flat 1
- Title 2 for a ½ share in the fee simple and the lease of Flat 2
And a variation of lease was created affecting the lease for Flat 1, the owners of the fee simple estates (eg the owners of Title 1 & Title 2) would both need to be recorded as lessors.
When setting up the dealing, if they have different CP's you will need to create multiple roles for the lessor by changing the "No of CP's" field to 2 in the Roles section. The lessee would remain as 1 role unless there are multiple owners of Flat 1 and they have different CP's.
When preparing the instrument, the 'Insert Names' button (displayed at the bottom of the Prepare Image screen) should be used to display the screen in which to enter the names of the parties for the lessor.
When the solicitors are completing the certifications for their client(s) they will need to:
- Use the "Select Names" button to select their clients names in the “Select names” screen
- Complete the Lessor certifications
- The CP acting for the owners of Flat 1 will also need to complete the Lessee certifications.
The CP acting for the owners of Flat 1 should also ensure that the A&I completed by those client(s) authorises the CP to act as both lessor and lessee.