What to do if one freeholder out of 3 refuses to agree to a lease amendment?

DiamondJoe

I live in a building divided into 4 flats. The freehold is jointly owned by myself and 2 of the other flats, and we all have 120 year leases. I think the building was converted into flats in the 70’s, and my problem is that on the lease terms for the flats, there is only one designated bin area. This will date from the 70’s when it was a large house – however since then, 2 additional private driveways have been added for 2 of the ground floor flats, but the leases have not been amended to designate seperate refuse areas for each entrance. Only one of the ground floor flats is causing a problem – they are bringing their rubbish round to our drive’s bin area, instead of getting their own bins and using their own driveway. By the terms of the lease, they are legally allowed to do this – but it is irritating and, I think, deliberately so. The other ground floor flat has no problem using his own driveway and wouldn’t think of bringing it round to ours just because he could.

I understand that if I could agreement from all the freeholders, we could amend the leases to designate seperate bin areas for each flat. My question is – if they don’t agree and want to continue using that area, is there anything I can do about it?

Richard_Webster

Can't think of anything - this is one of the downsides of shared freeholds - they tend to seem a great idea until something goes wrong or someone is difficult.

wonderpupp

I used to be that difficult person because I didn't know any better, working 3 jobs and having no free time, made me seem grumpy...
Once someone asked me to put the bins in my own space, I did. Prior to that, they all just got stacked up by a wall. When I moved in that's where they went, that' here I put mine.

Have you actually spoken to your neighbor, asked them to leave their bins elsewhere? Maybe offer to build them a little bin store on their drive or something to put their bins in if they aren't co-operating.

And don't be really confrontational either, or accusing or deliberate - Invite them to a BBQ or something and bring it up then.

DiamondJoe

I am planning to ask them but I anticipate they will say no, because they're !!!!!!.