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    • Winterstale
    • By Winterstale 5th Feb 18, 6:02 PM
    • 4Posts
    • 0Thanks
    Winterstale
    Leasehold garage but there is no lease
    • #1
    • 5th Feb 18, 6:02 PM
    Leasehold garage but there is no lease 5th Feb 18 at 6:02 PM
    Please can anyone give me some advice? We bought a freehold property with a leasehold garage a few years ago. We purchased from the previous owners who bought the house newbuild.

    It transpires that during the purchase our conveyancer has transferred the house without transferring the lease for the garage, despite there being a restrictive covenant to prevent the transfer of one without the other.

    The people we bought from never got a lease in the first place. So it seems that there is no lease for the garage at all; the company who were supposed to be the leaseholders do not have any record of this garage. The conveyancer have contacted the house builders but they have not replied after two months.

    What can I do? If I havenít got the lease to the garage I would be unable to sell the house as this would breach the covenant. I just want to get the lease issue resolved.
Page 1
    • Trapdoor
    • By Trapdoor 5th Feb 18, 6:54 PM
    • 46 Posts
    • 16 Thanks
    Trapdoor
    • #2
    • 5th Feb 18, 6:54 PM
    • #2
    • 5th Feb 18, 6:54 PM
    Surely if there is no lease, and the !!!8216;leaseholders!!!8217; have no record of being leaseholders, after 12 years you could apply to the Land registry for possessory title (ie adverse possession)?
    • Winterstale
    • By Winterstale 5th Feb 18, 7:00 PM
    • 4 Posts
    • 0 Thanks
    Winterstale
    • #3
    • 5th Feb 18, 7:00 PM
    • #3
    • 5th Feb 18, 7:00 PM
    Thank you for your reply. I should point out the garage is under a flat, which is also leasehold. The flat is also above two other leasehold garages, which are registered. Would this have an impact on the adverse possession route?
    • Trapdoor
    • By Trapdoor 5th Feb 18, 7:15 PM
    • 46 Posts
    • 16 Thanks
    Trapdoor
    • #4
    • 5th Feb 18, 7:15 PM
    • #4
    • 5th Feb 18, 7:15 PM
    That complicates things by some factor I!!!8217;d think. Assumed you were referring to a separate garage perhaps in a block.

    There must be a freeholder for the building who should be able to resolve the matter even if it!!!8217;s issuing a new lease to you. I cannot imagine the freeholders would be happy about having a portion of their property in limbo.
    • ciderboy2009
    • By ciderboy2009 5th Feb 18, 7:20 PM
    • 349 Posts
    • 313 Thanks
    ciderboy2009
    • #5
    • 5th Feb 18, 7:20 PM
    • #5
    • 5th Feb 18, 7:20 PM
    Have you checked with the owners of the flat above the garages?

    When some friends of mine had a flat like that they were the freeholders for the garages.
    • Winterstale
    • By Winterstale 5th Feb 18, 7:26 PM
    • 4 Posts
    • 0 Thanks
    Winterstale
    • #6
    • 5th Feb 18, 7:26 PM
    • #6
    • 5th Feb 18, 7:26 PM
    The freeholders are the house builders. They havenít replied to the conveyensorís letter so Iím concerned that they donít actually care. If they could simply issue a new lease to us that would resolve my problem indeed. Is there any reason they wouldnít do this?
    • Winterstale
    • By Winterstale 5th Feb 18, 7:29 PM
    • 4 Posts
    • 0 Thanks
    Winterstale
    • #7
    • 5th Feb 18, 7:29 PM
    • #7
    • 5th Feb 18, 7:29 PM
    Hi Ciderboy, thank you. In this case the flat is also a leaseholder, they donít own the freehold.
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