Who is responsible for incorrect floor layout on lease?

[Sarah_W]

The lease to a flat I own is showing an incorrect floor layout with respect to where the walls are. The freeholder believes I shoul be responsible for paying to get the plan updated and the legal work to update the lease. I believe it should be him as the building owner. Wo is correct here?

[gansstraat]

Let me preface this with the words, I'm no lawyer but...

I think it's negotiable.

If there's one party clearly at fault for producing incorrect plans, then I would argue that they should pick up the tab for rectifying.

If there's no party clearly at fault (i.e. the plans are historical and you've both inherited the situation, I'd argue that the one pushing for the change (i.e. the party currently disadvantaged to the largest degree by the incorrect plans) should have to pick up the tab for the changes, otherwise it ain't getting done...

If it's clearly in both parties' interests to get the matter resolved to avoid future disputes, then split it 50/50.

Brilliant bit of negotation there.

[dickyf]

what makes you sure the plan is wrong? it has been known for freeholders to attempt to extract fees for admnin which isnt actually required!! just a thought

[Sarah_W]

dickyf said:

what makes you sure the plan is wrong? it has been known for freeholders to attempt to extract fees for admnin which isnt actually required!! just a thought

It incorrectly shows one of the boundary walls being fluch with the window in a bedroom whereas the boundary wall extends beyond the window by about 3 foot (it's a dormer window). I'm renovating the place and keen to avoid problems come sale time - it's obviously wrong and I am unsure if a surveyor would flag it up as a problem to be investigated to a buyer

[davidjpowell]

Surveyor is unlikely to even see the lease. The lawyers would only refer back to him if they realised something was up