access to garden

snooping_around

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G_M

Seems a strange set up where the garden is included within the lease of a flat that has no access to it!

And does the ground floor lease actually require the granting of access by the flat upstairs?

* through the actual flat?
* How often? Every day? 3 times a day....?
* how do they get permission? In writing? a week in advance?
* can permission be denied?

Whole set-up makes no sense!

As for your Q:

* why would it reduce the valuedownstairs? To my mind, removing the need forpeople to wander through my flat to get tothe garden would significantly increase the value (though the reduction in light might work the other way)
* I suspect structural changes to the building would require leaseholders' consent - though I'm not sure.though

moneyistooshorttomention

errrm...but OP said this garden-owning flat on the 1st floor is the freeholder. In that case, presumably there is no reason why they can't build a staircase down to their garden (in fact, in their position, that's exactly what I personally would do).

I've certainly seen photos of a couple of 1st floor flats with those external staircases to the garden.

I would be prepared to buy a ground floor flat that might have such a staircase built at some point (though reluctantly - as I would be unofficially using the garden myself). I wouldn't be prepared to have someone else use my flat as access to their garden and I expect the garden-owner wouldn't actually dare to ask ground floor flat owner for that access and would be on a hiding to nothing if they did so (as that flat-owner could always just pretend to be out or deaf any time they rang the doorbell).

I'd say its okay to buy the flat if you are prepared to accept only short-term use of the garden yourself (at an unofficial level), a staircase might be built down into it at some point, you will have to pretend to be out if they are the sort of person who would actually have the nerve to ask for that access through your flat.

If you really like the flat it's probably worth taking the gamble that they will never do doorbell-ringing or staircase-building. Otherwise keep looking..

paddedjohn

Is the only access to the garden through the ground floor flat or is there an exterior entrance? only asking because if you do buy the flat and the only access is via it then any staircase would have to come through your living room.

Own_My_Own

I would check what they use the garden for.

I would fancy a load BBQ/ party right outside my window every weekend of the summer.

moneyistooshorttomention

paddedjohn wrote: »

Is the only access to the garden through the ground floor flat or is there an exterior entrance? only asking because if you do buy the flat and the only access is via it then any staircase would have to come through your living room.

Those staircases I saw photos of were external ones.

I imagine it would be easy enough to transform a 1st floor window into a "back door" opening out onto a fire escape type metal staircase leading down into the garden.

Norman_Castle

Outdoor stairs may require planning permission. Is the garden well used and maintained ?. This would need regular access. What rights would you have to limit or deny access ?.
Have you investigated buying the garden ?.

tim123456789

snooping_around wrote: »

A property im interested in is a 2 bed ground floor flat in zone 2 London. Its a lease hold flat the and owner of the 1st floor flat owns the freehold of the property. The owner of the 1st floor flat also owns the garden but cannot access the garden unless they go through the ground floor flat (which they cant do without permission).

Question is what is stopping them building stairs from the 1st floor to the garden? If they do this, it would reduce the value of the ground floor flat. plus there is issues such as it could block the light and privacy. What would you advice about this?

If there's no access other than via your flat, how is the garden "kept"?

tim

jamesd

There may be a right of access through the ground floor flat. That is, a legally enforceable right to pass through it to get to the garden, either in the deeds or just established through years of use. Be sure that you get absolute certainty on this before a purchase.