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Obstruction in alleyway, access rights

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Comments

  • Conrad
    Conrad Posts: 33,137 Forumite
    10,000 Posts Combo Breaker
    blake7even wrote: »


    Another quick nod to the Scooter question, mixed with my frustration that there is a body that hands out leases but not one that enforces them.




    Leases are enforced usually by the freeholder / management company, but they wont deal with random passing third parties.


    IF you are serious, make and offer (with your conditions), give your Solicitor some money and go from there.


    All this is just a load of hot air, completely pointless really as you have not even made an offer.


    Why not make your offer now and then update the thread?
  • blake7even
    blake7even Posts: 11 Forumite
    I've made an offer on this house, you may have missed it... north of 400k is not hot air.

    So far all I can gleam is that people are not free to break their lease but, if somebody points it out then they are the troublemaker. That just doesn't seem fair.

    To those saying 'thousands of houses' an so on. We have been looking for 6 months and this is the second house we have seen on budget with a garden with access and a drive. Your welcome to prove me wrong, please do. W5, under 500k 2 bed, garden, drive, period. good luck.

    The problem for us is the prices are rising and what we can afford isn't.
  • blake7even
    blake7even Posts: 11 Forumite
    "The freeholder enforces the lease."

    Who polices the police? It's the freeholders of two properties breaking the lease.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    blake7even wrote: »
    Another quick nod to the Scooter question, mixed with my frustration that there is a body that hands out leases but not one that enforces them.

    Hypothetical; Say I rode up and down the alley on my fully legal Vespa with helmet on and less than 30 MPH (nearest highway)

    Who's to stop me?

    Potentially the police could issue you with a section 59 warning for anti-social use of a mechanically propelled vehicle.
    "You were only supposed to blow the bl**dy doors off!!"
  • lincroft1710
    lincroft1710 Posts: 19,118 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    blake7even wrote: »
    Who polices the police? It's the freeholders of two properties breaking the lease.

    A lease can only have one freeholder. Are either of the owners of the properties you allege are hindering the access the freeholder of the flat you want to buy? If not then they are not breaking the terms of the lease as they (or their predecessors) have not created this lease.

    What they are possibly doing is not allowing full r-o-w. And I'll repeat what I have already posted "If no amicable solution can be reached then you would have to take the matter to a relevant court and you may lose and end up paying your and the other parties' costs." There is no body or authority which oversees lease rights or private r-o-ws.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • BrassicWoman
    BrassicWoman Posts: 3,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    Hire a lock up. Or accept this is not the flat for you.
    2021 GC £1365.71/ £2400
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A lease is not some kind of law that needs enforcing. It is a contract between two parties. Courts enforce it when one of the parties requests it - either freeholder or leaseholder. They don't enforce it on the request of a third party, you are nothing to do with it. And your speeding example is totally fallacious.

    If the vendor is not happy with performance of the contract, they can try a legal remedy. But they apparently have been ok with it to date. Now that is coming back to bite them, because it is warding off a buyer like yourself. They may be selling a product you like, but they are selling a defective product.

    But why you would be keen to pay a lot of money for a ready-packaged neighbour dispute I do not know.
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