Do I have to give neighbour access to a shared garden through my property?

DVardysShadow

You could try dropping a hint to the EA that you are going to walk away unless you get a legible copy because of this issue and mention the home alone scenario. And then tell your solicitor to demand that the question of a legible copy be resolved.

hotpot1000

is there/was there not a gate in the boundary of the garden so that the upstairs folk could leave their flat, and approach your garden from somewhere else outside your property as a means of entry?

Strapped

Rope ladder out the upstairs window, job done.

mishmogs

I think you have answered your own question, time to re-evaluate for worthiness of the proposed purchase. I would walk away, after all, shelling out for solicitors to find problems with the contract is what your paying them to do but they aren't helping with the resolution.

Also, as previously said, you could try the agent, if they have done their job properly, they should know and have information about access rights over land/property.

Good luck.

Debt_Free_Chick

Could it be that the two flats share ownership of the garden, but the neighbour has no access at all? Is this a shared freehold?

Davesnave

Strapped wrote: »

Rope ladder out the upstairs window, job done.

You could be on to something here.

The lease may stipulate shared ownership, but if it doesn't confer a specific right of access through the OP's home, then it is not their concern how this access is achieved.

It could, for example, be by extending ladder, but apparently not a permanent stairway.

That said, I couldn't see myself signing a legal document where one para was illegible. After all, legal documents can, and are, re-written all the time.

steveinnit

hotpot1000 wrote: »

is there/was there not a gate in the boundary of the garden so that the upstairs folk could leave their flat, and approach your garde
n from somewhere else outside your property as a means of entry?

the only way upstairs could reach it is crossing the kitchen roof of the flat downstairs,which in the lease says is ok before becoming illegible,and then descending somehow..via rope as suggested :-) the back of the garden backs onto another garden so no rear entry..

steveinnit

Debt_Free_Chick wrote: »

Could it be that the two flats share ownership of the garden, but the neighbour has no access at all? Is this a shared freehold?

thanks for the reply..it's leasehold..yes that's what we wonder but can't confirm :-(

steveinnit

mishmogs wrote: »

I think you have answered your own question, time to re-evaluate for worthiness of the proposed purchase. I would walk away, after all, shelling out for solicitors to find problems with the contract is what your paying them to do but they aren't helping with the resolution.

Also, as previously said, you could try the agent, if they have done their job properly, they should know and have information about access rights over land/property.

Good luck.

thanks..yes will see what today brings but yes I don't think we will sign if we can't get any new info!

johnnyredgate

Presumably you have details of the freeholder who should be able to supply a legible copy of the leasehold that you would be subject to with them if you purchased?