Kitchen in basement flat vault

kmmr

not sure if you can get an indemnity against o not being demised. and the lease may explain what the situation is with cellars, but mine is ambiguous to say the least, so dont pin your hopes on it!

sirhobo

I had a look at the Title Plan and it looks like half of the kitchen belongs to the flat but half is in the vault, which is not demised to the flat. Thanks to all that replied.

zzzLazyDaisy

sirhobo wrote: »

I had a look at the Title Plan and it looks like half of the kitchen belongs to the flat but half is in the vault, which is not demised to the flat. Thanks to all that replied.

Okay, all might not necessarily be lost....

Do you know how long the owners have had uninterupted use of the vault? Such as documentary evidence of when the kitchen was initially installed?

If it is more than 10 years ago it is possible that title has been acquired through adverse possession - more info here

http://www.legalcentre.co.uk/property/guide/adverse-possession-of-land/

You'd need legal advice, and that could be costly.

Or you could just carry on looking :-)

kmmr

You could just accept the risk. I mean what really is the risk here?

Risk that someone will come along and claim your property? Minimal I think.
Risk that the council will enforce it? What interest is it of theirs?
Building Regs? If so, you can regularise it.

My friend just didn't like the idea of paying a premium for land she wouldn't really own, and was particularly worried as it seemed to go under the road, so any road work could impact her. But honestly, what else is the risk here? Is there any real likelihood that someone will force you to block up your kitchen?

About the only thing would be a vindictive neighbour, with some random issue, who may try to push the issue.

Seriously... I can't actually think of a big problem here. Would be different if it was building in a garden that impinged on others use, or on a genuinely shared common area. Do brighter minds than mine know the problems?

sirhobo

zzzLazyDaisy wrote: »

Okay, all might not necessarily be lost....

Do you know how long the owners have had uninterupted use of the vault? Such as documentary evidence of when the kitchen was initially installed?

If it is more than 10 years ago it is possible that title has been acquired through adverse possession - more info here

http://www.legalcentre.co.uk/property/guide/adverse-possession-of-land/

You'd need legal advice, and that could be costly.

Or you could just carry on looking :-)

Thanks for this useful info. Does it have to be the same owner who has had uninterrupted use of the kitchen, or would it still apply (as I assume) if the property had changed hands but all owners over a 10+ year period had used the kitchen?

TBH, I'm thinking about looking elsewhere, not only because of this issue but a couple of others (including the high price!)

sirhobo

kmmr wrote: »

You could just accept the risk. I mean what really is the risk here?

Risk that someone will come along and claim your property? Minimal I think.
Risk that the council will enforce it? What interest is it of theirs?
Building Regs? If so, you can regularise it.

My friend just didn't like the idea of paying a premium for land she wouldn't really own, and was particularly worried as it seemed to go under the road, so any road work could impact her. But honestly, what else is the risk here? Is there any real likelihood that someone will force you to block up your kitchen?

About the only thing would be a vindictive neighbour, with some random issue, who may try to push the issue.

Seriously... I can't actually think of a big problem here. Would be different if it was building in a garden that impinged on others use, or on a genuinely shared common area. Do brighter minds than mine know the problems?

You're right, I don't think there is a big risk from the council or other flats in the converted house. But I do wonder about the structural integrity of that part of the kitchen. I presume these vaults are sturdy but can't be sure (without a survey). You read stories like this one (http://www.thisislondon.co.uk/standard/article-23886879-belgravia-families-pledge-to-sue-over-the-skip-that-sank.do :eek:) and start to wonder...