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Freeholder or Leaseholder responsible for Boundary
crisp
Posts: 435 Forumite
My daughter is in the process of buying her first place and we saw a very nice one bed garden flat last week. Its in a converted period house with one other first (first floor flat).
There is 112 years remaining on the lease.
The only point of concern is a boundary fence, which is about 50ft in length and has been blown down and not repaired yet.
It could do with replacing as on the other side is a public footpath.
My daughter is ok to fix it and has budgeted about 1000-2000 to get it done which she factored into her offer if she needs to. The offer was rejected and we are 2k off want the vendor wants
My general question is are fences/boundaries the responsibility of the freeholder or the leaseholder? We havent had sight of the lease so we are in the dark at the moment (so is the EA)
There is 112 years remaining on the lease.
The only point of concern is a boundary fence, which is about 50ft in length and has been blown down and not repaired yet.
It could do with replacing as on the other side is a public footpath.
My daughter is ok to fix it and has budgeted about 1000-2000 to get it done which she factored into her offer if she needs to. The offer was rejected and we are 2k off want the vendor wants
My general question is are fences/boundaries the responsibility of the freeholder or the leaseholder? We havent had sight of the lease so we are in the dark at the moment (so is the EA)
0
Comments
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does the flat come with "ownership" of the garden, or use of the garden.
If the latter then this is the responsibility of the FH to arrange, if the former then you will need to read the lease to find out0 -
you will need to read the lease to find out
Frankly in many of these cases this is the only answer and we cannot really speculate here.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Sadly, fences are very often excluded from block of flats insurance cover
The likleyhood is if the garden is demised to the GFF, that I would be surprised to find the lease made it a communal liability, and it were , it might be bone of contention between owners to pay for it.
read the lease, get an estimate and start negotiating.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 -
Even if it is the responsibility of the freeholder, they'll just forward the bill on to you anyway (possibly split with other flats).Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0
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we will think it over this weekend. maybe make an offer subject to or stick as its already tight for our daughter who is a FTB0
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