buying part of neighbour's garden when we are leaseholders?

IS2009

The owners who live above me in the ground floor flat (I live in the basement) are planning to sell. At some point, the garden was separated between our flats - their flat was given a very large area, whereas our flat was allocated relatively little. They seem happy to discuss the possibility for us to buy a small area to increase the size of our garden. We are leaseholders, and I was wondering what happens if the length of our leases are different (ours has recently been renewed to 125 yrs, whereas I think that their flat has around 80) - would we have to pay the freeholder to extend the lease on the very small strip of land so that it matches our current one? Any advice/experience would be very appreciated!

Richard_Webster

You would probably have to get the other lease extended insofar as it related to the piece of land - but more seriously, flat leases usually have a provision saying that you cannot sell off part of the leased area, so the freeholder's agreement to this might well be needed as well.

You will need to see the wording of the lease of the other flat to check the point.

It will probably be the same as yours in this repsect, but when leases are extedned freehodlers sometimes add some extra provisions.

IS2009

Thank you Richard.

We expected that it might not be straightforward!

We know that the previous owner of our flat was charged £5000 by the freeholder to extend the lease in 2007, and this was an opportunity for the freeholder to increase the ground rent.

What would you estimate the likely charge for the freeholder to extend the lease on a 2x3m strip? What extra provisions could be added by the freeholder as condition of agreeing to this?

Great to get any advice!

Fire_Fox

Speak to these guys:
http://www.lease-advice.org/

Richard_Webster

The freeholder can charge what he thinks you will pay. Assuming there is the normal prohibition on transfers of part of the land in the lease the freeholder doesn't have to agree to the split, and once it is split then I don't think you are entitled to a lease extension because the property in question would not then be a flat.