Lease of under house car port to next door?

London_Town

It really does sound like your solicitor let you down as they should make sure you understand these things. I do remember how difficult it can be to take it all in as a first time buyer and interpret the documents involved, particularly leases. If you want total peace of mind and the original solicitor was unhelpful, perhaps it could be worth getting a quote from one you can trust to clarify this point legally for you?

Regarding the issue of your neighbours car running into your wall, I imagine your freehold insurance would pay, as it's your building. Hence the idea that your neighbour pays something towards it.

tyllwyd

navylouise wrote: »

... The only gripe I have is that if the guy who parks underneath were to, say, drive into the back wall and knock half our house down.. wouldn't it be us paying the excess to get the insurance to fix it again?

On the other hand, he could be parking outside the carport and run into the wall from outside rather than inside - I can't see it makes a lot of difference?

Richard_Webster

This is an inherent problem with coach-houses - the freeholder who lives in the coach-house ends up having to be a landlord and has to collect service charges (usually only for the insurance).

The alternative is that they are sold leasehold and a management company arranges the insurance - the problem with that is that the admin costs of doing this would be disproportionate to the insurance cost so people would moan about that!

puddy

theres a thread on here about what people would steer clear of in houses and having things shared like this is obviously high on the list, hope it gets sorted

SuzieSue

OP, out of interest, did you choose your own solicitor or did you use the one recommended by Persimmon?

zappahey

navylouise wrote: »

The only gripe I have is that if the guy who parks underneath were to, say, drive into the back wall and knock half our house down.. wouldn't it be us paying the excess to get the insurance to fix it again?

No, you would claim from his car insurance.

This is a very common set up. We had a Persimmon house with this setup but our garage was under someone else's coach house. It caused us a lot of trouble when selling our house due to an, apparently common, mistake in the lease.

ninja_boy

I live in a freehold property that has a leasehold garage under a coach house. we have had a couple of issues where both the solicitor and persimmon didn't give us proper information regarding our rights and the coach house owners rights about our garage. we have no issue with contributing to the building insurance, but they have approached us stating that we are to remove everything in the garage and are not allowed to store ANYTHING in it apart from a car! They said that it states in a copy of the lease info that "we are not to use the property or permit the same to be used except for the garaging of a private motor vehicle"

There is no electric in the garage and all that is kept in it is an electric lawn mower and a couple of bikes. Their reasoning is that we are not abiding by the lease rules keeping any items in there other than a car. to me this sound totally unreasonable. Any thoughts?

thelem

Have you checked your copy of the lease? If the only relevant part is the sentence that you've quoted then it doesn't sound like you're allowed to store those items in there. You should have been given a copy of the lease before you exchanged and it was your responsibility to check that you were happy with it's terms at that point.

Having said that, I can't understand why they wouldn't want to you keep a lawn mower in your garage. Do you have an on-going dispute with your neighbour so they're doing this to annoy you or something?

ging84

ninja_boy wrote: »

I live in a freehold property that has a leasehold garage under a coach house. we have had a couple of issues where both the solicitor and persimmon didn't give us proper information regarding our rights and the coach house owners rights about our garage. we have no issue with contributing to the building insurance, but they have approached us stating that we are to remove everything in the garage and are not allowed to store ANYTHING in it apart from a car! They said that it states in a copy of the lease info that "we are not to use the property or permit the same to be used except for the garaging of a private motor vehicle"

There is no electric in the garage and all that is kept in it is an electric lawn mower and a couple of bikes. Their reasoning is that we are not abiding by the lease rules keeping any items in there other than a car. to me this sound totally unreasonable. Any thoughts?

are you keeping a couple of push bikes in there? i can't see why anyone would object to that
perhaps pointing out that you could be keeping a motorbike with a barely legal silencer in there instead would get them to leave you alone

ninja_boy

ging84 wrote: »

are you keeping a couple of push bikes in there? i can't see why anyone would object to that
perhaps pointing out that you could be keeping a motorbike with a barely legal silencer in there instead would get them to leave you alone

Cheers. yeah, just a couple of push bikes. Nothing volatile or even remotely dangerous is in. Will just have to see what happens. They have gone as far as arranging to see a solicitor - just "those" kind of neighbours i suppose. thanks again