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Freeholders split in opinion
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Scottenham
Posts: 7 Forumite
Our propertys freehold is split 4 ways between the flats and we all manage the property together with no managing agent.
However we now have a split in opinion on a decision 2 vs 2.
What is the situation with this....im guessing its majority rules so in this case we are stuck ?
However we now have a split in opinion on a decision 2 vs 2.
What is the situation with this....im guessing its majority rules so in this case we are stuck ?
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Yes, you are stuck. Depending on what this issue is, is there some room for negotiation or perhaps different solution altogether?
Often in a share of freehold all of the parties don't have to own a straight 25% share, as it can often be calculated on the square-footage, so are you absolutely certain that voting is split precisely 50/50?0 -
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The issue is that the OP wants to break the terms of the lease by keeping a dog - see his/her rather militant responses in an earlier thread.
"I'm ready for my close-up Mr. DeMille...."0 -
The OP is patently a complete fool. Nothing good will ever come if this.
Find another dog-friendly flat to buy. Or buy yourself a house.0 -
Scottenham wrote: »Our propertys freehold is split 4 ways between the flats and we all manage the property together with no managing agent.
However we now have a split in opinion on a decision 2 vs 2.
What is the situation with this....im guessing its majority rules so in this case we are stuck ?
It's a guess as you don't understand leaseholds.:(
It's minority wins. Even if 3 agree, the 1 is entitled to the benefit of the covenant in their lease saying no dogs. A majority of 3 to 1 or a 1000 to 1 cannot. Or pay them to agree.
To put it in perspective, all is well now, but when you or your dog becomes older, dribbly and ill tempered, the protection of the clause is now gone....Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
But it's not 2 vs 2 freeholders is it?
You haven't bought the place yet.
The leases say no dogs, & you are already arguing with your potential new neighbours, & co freeholders.
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Not a great start to meeting your neighbours..... I'd be expecting them to look for every tiny detail of the lease and complain seconds after any other clause was broken. Plus this won't start a good/happy relationship with them. It's also not just about the OP, a 'small, quiet' dog might be ok, but once it's changed, someone later could move in with a pack of alsations that bark all day (*not that I'm anti alsations, but it was the biggest dog I could think of off the top of my head!). If I was a potential neighbour, I'd be digging in my heels all the way.:happyhear0
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pinkteapot wrote: »Well, to be fair, I'm guessing that if this vote does relate to the dog then the vendor (who wants to get the place sold to OP) is voting in favour of the dog...
And the other 3 lessee are voting against the flat being sold to the OP, and against him becoming a co-freeholder. 0 -
No you are not stuck. You resolve this by choosing between the dog and the property.Scottenham wrote: ».... What is the situation with this....im guessing its majority rules so in this case we are stuck ?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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