Exclusive access to garden of ground floor flat

societys_child

hazyjo wrote: »

Am sure you have looked into this, but wanted to mention it - are dogs definitely allowed? It's rare they're allowed in a flat, although there are generally less restrictions in an old converted house. But if the lease actually states that the garden's shared, I'd be surprised if dogs were allowed.

Jx

They own the freehold, unlikely to be any clauses relating to dogs.

Rosietom2
I would be suggesting to the vendor that they sorted this out obviously.
I'd go down that route.

Mr_Thrifty

I agree with society's child - tell them to get the issues FIXED (in writing... legally and PROPERLY) otherwise it's all just bull and lies. If it's not in the lease/deeds, it's not the legal situation.

Rosietom2

Thanks for the comment about the dogs. The lease for the upper flat basically states that they could not have a pet that caused a nuisance. There is nothing in their lease with regards to the freeholders responsibilities towards them that mentions pets.

Mr_Thrifty

The lease for the upper flat basically states that they could not have a pet that caused a nuisance.

A recipe for disaster. One man's nuisance is another man's pleasure.

Rosietom2

Mr_Thrifty wrote: »

The lease for the upper flat basically states that they could not have a pet that caused a nuisance.

A recipe for disaster. One man's nuisance is another man's pleasure.

I agree with you. I used to hate dogs but now I have two, and I love them to bits!

societys_child

Just another point to think about. In converted houses, downstairs can suffer all kinds of noise from above. Not necessarily intentional, but a common problem.

neverdespairgirl

Rosietom2 wrote: »

What I really want to know is if a lease can be amended so that the upper flat relinquishes their right to access, in exchange for a fee. If they don't use the grounds and don't have a car, they might be agreeable to this.

I would be suggesting to the vendor that they sorted this out obviously.

I imagine they'd only be interested if they were paid a hefty whack. After all, when they come to sell, a flat with shared garden and drive is worth more than one without.

If the flat upstairs is mortgaged, the bank will have something to say about it too.

Eton_Rifle

Mr_Thrifty wrote: »

They probably have a superiority complex and are the sort to tell fibs and exaggerate generally in life. Let me guess - young couple, late 20s or early 30s? The sort to have BBQs and who place a lot of value on what other people think of them?

What a bizarre thing to say, a projection based on absolutely nothing but clearly touching a nerve and giving us an insight into the way you see yourself.

BBQs - priceless!

carefullycautious

Is there any way that you can allocate a section of the garden to your neighbour.

Where I live in a ground floor flat the L shape going from my kitchen along to bedroom and then straight up to boundary fence is my section (on the right hand side looking straight ahead) and on the left is my neighbours.

The boundary runs from the sewer pipe on the outside wall straight up the garden. A fence can be installed with a gate.

Would this work for you ?

I must admit that if I was in the first floor flat I would not give up my rights to my garden and parking space.

GDB2222

carefullycautious wrote: »

I must admit that if I was in the first floor flat I would not give up my rights to my garden and parking space.

Wouldn't you? If the price were right?