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House with car port
Tancred
Posts: 1,424 Forumite
I'm in the process of buying a house which has an open 'car port' rather than a garage. Not a big deal for me as my previous house only had street parking anyway, but I recently discovered that the car port is leasehold although the drive is freehold. There is a coach house above the car port, so I assume that this is the reason for the leasehold.
What would I normally be expected to pay for this leasehold - if anything? Surely, as I have the right to use the car port the freeholder can hardly block me from using it? My lawyer is investigating, but I'm interested to hear of anyone else with a similar experience.
What would I normally be expected to pay for this leasehold - if anything? Surely, as I have the right to use the car port the freeholder can hardly block me from using it? My lawyer is investigating, but I'm interested to hear of anyone else with a similar experience.
0
Comments
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99 times out of 100 the seller will include both the freehold house/drive, and the leashold carport, in the sale price.
In practical terms, they 'belong' together.
However legally they are seperate entities.
As you rightly say, this is because the owner of the coach house above cannot own the same bit of land as the owner of the carport below.
Do you know who the freeholder is? It could be owned
* by the same person as owns the lease to the coach house
* by the seller (who may be including the freehold to the carport/coach house as well as the lease to the carport
* by the two leaseholders jointly (ie via acompany)
* by someone totally seperate0 -
I'm in the process of buying a house which has an open 'car port' rather than a garage. Not a big deal for me as my previous house only had street parking anyway, but I recently discovered that the car port is leasehold although the drive is freehold. There is a coach house above the car port, so I assume that this is the reason for the leasehold.
What would I normally be expected to pay for this leasehold - if anything? Surely, as I have the right to use the car port the freeholder can hardly block me from using it? My lawyer is investigating, but I'm interested to hear of anyone else with a similar experience.
As someone who considered buying a property over someone else's parking place, you have to remember that that other party has rights to the enjoyment of his property that your right to park underneath should not impinge upon.
and the only way of enforcing this is via a lease.
tim0
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