Can I sell part of my garden (leasehold flat)

stator

Yes you could buy the freehold to the garden if the freeholder wants to sell it. It would involve legal fees however since you'd be splitting the existing plot and registering a new one.
You could even buy the freehold for the entire building but again you'd need the freeholders consent.

tizzle6560

stator wrote: »

Yes you could buy the freehold to the garden if the freeholder wants to sell it. It would involve legal fees however since you'd be splitting the existing plot and registering a new one.
You could even buy the freehold for the entire building but again you'd need the freeholders consent.

I'd love to buy the freehold to the whole building but just don't have the funds after buying the flat..

The neighbour in question has said he's happy to pay all legal fees, so it might be an option to buy just the freehold of the garden. I wonder if that would arouse suspicion on the freeholder's side though?

stator

Yes probably, they'd wonder why you want to buy the freehold to the garden. For the whole garden they would probably refuse, as anything you do might negatively affect the house.

G_M

Selling the freehold to the garden would create legal difficulties.

There is a lease for 118 for the flat and garden. If the freehold was split, and different people owned the freehold to the flat and garden (or part of garden) the leaseholder would have a single lease associated with two seperate freeholds.

I do not think this is possible.

So the current 118 year lease would need to be rescinded (ended) and two new leases created: one for the flat, the freeholder being the current freeholder, and one for the garden, the freeholder being the new owner of the garden freehold.

Frankly this whole idea is a tangled web that will not come to fruiting as the freeholder will not even entertain the idea, let alone go through the complex legal processes involved.

You best solution (assuming, again, the lease does not prohibit it) is to rent a section of the garden out on a monthly or annual basis.

tizzle6560

After speaking with my solicitor I think the best way to go about this would be to simply ask the freeholder for their thoughts on the matter and come to some sort of arrangement between all parties, if possible.

I will also speak to my mortgage lender to understand if/how this would affect the value of the property.

Will keep you all posted.

Thansk