Shared garden- how to buy the full share...

ahoysissy

Hi all.
I am a first-time buyer and really like a flat. The garden and free-hold is shared with the only other flat above. Apparently the people above, who are tenants, never use the garden. It hasn't been maintained and is over-grown.
For me it's the ideal property because of the garden and the first thing I would do is sort it out.
However, I really don't like the idea of a shared garden and would only buy on condition that I could have full ownership of it.

Has anyone had experience of buying another persons share of a garden? Any advice? I am aware that this is all dependant on whether the flat owner is willing to sell their share, but I'd like to approach this in the most appropriate way.

Many thanks!

missile

I would approach the owner and see if he would consider selling and at what price. If it were me I would not sell as having zero garden could seriuosly affect the value of the upstairs flat.

A compromise might be to agree with owner that you have use of the garden IN RETURN FOR KEEPING IT TIDY.

hazyjo

missile wrote: »

A compromise might be to agree with owner that you have use of the garden IN RETURN FOR KEEPING IT TIDY.

Fine for now... but what if they sell up and someone moves in who wants to BBQ every night or have kids kicking a ball around, or hangs their washing out there?

I'd only be looking at flats with private gardens if I were you. Even if I didn't use my garden in a flat, I'd not wish to sell it as, as stated, it would devalue mine. Worth a try, getting them to sell - but I wouldn't hold my breath!

Jx

ahoysissy

Thanks for responses. I guess the starting point would be approach the owner. the garden doesnt feel shared- ie the people upstairs have to come down some outdoor stairs to get to it and it just seems so pointless having a garden that they never use. If I could do an extension into the garden they could benefit by having a terrace instead which would be private and more likely to be used.

As hazyjo points out, I wouldn't want to do up the garden and then have the neighbours start using it at my expense!

I was hoping someone had been in this situation before!

G_M

As well as the agreemnt of (and payment to) the upstairs flat owner, you'd need the freeholder's permission, and you'd need to pay a solicitor to alter the respective leases.

ahoysissy

Hi G_M- both flats are share of free-hold, equally split I believe

googler

Sorry, Catch 22.

You won't be able to buy the garden from the other until you own the flat. Why would they sell the garden to someone who doesn't yet live there?

If you buy the flat, there's no guarantee you can successfully buy the garden. Why would you buy the flat when you don't know if you can own the garden?

You're buying the flat from one party and the garden from another. How do you guarantee both transactions will complete at the same time, if at all?

Look for flats with private gardens.

neas

Wouldnt like an extension build into shared garden to be honest. Im sure if you came out and saidf ' hi sell me your garden so i can build an extension'.

wouldnt go down well with:

' Hi can i have sole use of garden if i maintain it'.

Nobody would think you were planning to extend by simply selling garden.

jc808

buy a flat with a garden

Yorkie1

G_M wrote: »

As well as the agreemnt of (and payment to) the upstairs flat owner, you'd need the freeholder's permission, and you'd need to pay a solicitor to alter the respective leases.

And, in addition to this, if the owner of the flat has a mortgage, they'd need their lender's consent because the value of the flat would be reduced by it not having legal title to a garden.

propertyman

It is quite simple ( I acknowledge that which has already been posted).

1: You agree to purchase the garden or the rights over it from the upper leaseholder. ( The money then is paid to the lender eliminating concerns over value to the mortgagee, if they express them, when seeking consent).

2: You agree a licence between FF flat and GF Flat as freeholders, with GF Flat (you) to use and maintain the garden for x years for £ x. It can automatically terminate if you sell the flat, but also binds the new owners of FF flat. (This does not apply for an extension).

3: Is the garden large enough to partition?