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Help Needed....Our property but cannot use it??
Dbenn
Posts: 29 Forumite
Hi everyone,
Hoping to tap in to some creative minds and find a solution to our problem.
Basics:
We live in a house that is split into 3 apartments via a lease but we each own a 1/3 share of the freehold of the building and we operate our own fund which deals with maintenance issues/payments, which belong to the freehold areas.
Our neighbours upstairs (we are ground floor) have sold their apartment and having done so an issue has come to light that we were not aware of.
Only ourselves and our neighbours above have garages, above the garage roof is a large slab of concrete on our neighbours land which protects both garages.
Upstairs have always used this area.
problems:
After receiving a solicitors letter from upstairs, we have found out that we actually own half of the garage roof (above our own garage) and this is covered within our lease deed and is drawn on the land registry. Upstairs do not have anything in their own lease deed or land registry drawing and as such the freeholders (all of us) own this land.
The issue relates to the wording within our lease and that is that we allow upstairs exclusive access and use of our area above our garage and despite it being our land, we cannot use it.
The new buyers have seen the problem and want us to sign over the area to them, deed of variation, but we don't want to, not surprisingly, we want the use of our own property returned back.
Picture the scene, if we sold our apartment, we inform the purchaser that this is his or hers land but they cannot use it?
Any initial thoughts on a way forward or advice to consider?
Obviously we will not be able to secure agreement to change the lease from the current vendors or the new buyers. we have proposed to allow them ownership of their own garage and garage roof area in return for the use of our own property but this has been rejected straight away.
Thanks in advance for any help or advice you may be able to give.
DB
Hoping to tap in to some creative minds and find a solution to our problem.
Basics:
We live in a house that is split into 3 apartments via a lease but we each own a 1/3 share of the freehold of the building and we operate our own fund which deals with maintenance issues/payments, which belong to the freehold areas.
Our neighbours upstairs (we are ground floor) have sold their apartment and having done so an issue has come to light that we were not aware of.
Only ourselves and our neighbours above have garages, above the garage roof is a large slab of concrete on our neighbours land which protects both garages.
Upstairs have always used this area.
problems:
After receiving a solicitors letter from upstairs, we have found out that we actually own half of the garage roof (above our own garage) and this is covered within our lease deed and is drawn on the land registry. Upstairs do not have anything in their own lease deed or land registry drawing and as such the freeholders (all of us) own this land.
The issue relates to the wording within our lease and that is that we allow upstairs exclusive access and use of our area above our garage and despite it being our land, we cannot use it.
The new buyers have seen the problem and want us to sign over the area to them, deed of variation, but we don't want to, not surprisingly, we want the use of our own property returned back.
Picture the scene, if we sold our apartment, we inform the purchaser that this is his or hers land but they cannot use it?
Any initial thoughts on a way forward or advice to consider?
Obviously we will not be able to secure agreement to change the lease from the current vendors or the new buyers. we have proposed to allow them ownership of their own garage and garage roof area in return for the use of our own property but this has been rejected straight away.
Thanks in advance for any help or advice you may be able to give.
DB
0
Comments
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Just say no.
It might cause hassles for the neighbours selling their property but that's not your problem.0 -
You need to make things a bit clearer, the freeholder typically owns all of the land and buildings, so there should never be a position where a leaseholder owns a roof or piece of land.0
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When I say own, it is within our lease and land registry plans (half the garage roof) we own a 1/3rd share of the freehold0
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thanks but say no to what? we cannot stop the sale and we cannot get the lease changed if the other freeholders wont agree. can we?0
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This bit of land (concrete above a roof?????): tou say you own it?
Do you mean it is part of the lease that you own?
Or it is part of the freehold that you have a joint share in?
You also say "the wording within our lease and that is that we allow upstairs exclusive access and use of our area". Seems strange that the two leases (yours and upstairs) are drawn up like this. If upstairs have exclusive access why is it not within their lease insead of yours?
Perhaps you could be more specific with exactly what each lease says and what each lease Plan shows.
0 -
The area that they're using is a concrete slab used as a garage roof? How are they using it? It doesn't sound very useful!0
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thank you.
The concrete slab above both garages. Half is within our lease and land registry plan.
the other half belonging to upstairs is not on their lease or land registry plan. Do not know why.
The area therefore of upstairs belongs to the freehold, which we all have a 1/3rd share in.
It sounds bizarre but this is the case.
The area within our lease is reserved for their exclusive use.??? as stated within the lease deed0 -
they have placed a shed on it, garden furniture etc, etc0
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Are you actually thinking you might stick a ladder up the side of the garage to get to a shed you put up on the roof??
I would assume the upper flat has direct access to the roof from the first floor?0 -
the area in question is at the side of our garden, it is quite large, even the half that is within our lease.
If we sold the property, are we to say to a prospective buyer that this are belongs to the lease of the property but you cannot use it?0
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