Help Needed....Our property but cannot use it??

theEnd

If your lease gives them exclusive use, then how can you ever use it or lay claim to it?

matttye

You should consult a conveyancer and ask what your options are, if any.

slowpoke_rodriguez

I'd want this back too:
https://www.youtube.com/watch?v=pENUGtPeS7c

Pricivius

Let me see if I have understood:

The freehold is for the whole building (3 flats) plus two garages with a terraced roof.

Leasehold 1 is a flat 1.

Leasehold 2 is flat 2 plus a garage plus half A of the terrace roof.

Leasehold 3 is flat 3 plus a garage plus exclusive use of half A of the terrace roof leased to Leasehold 2.

There is no mention in any lease of half B of the garage roof - either that it is part of the lease or its use is part of the lease. The leaseholders of Leasehold 3 have been using both half A and half B of the terrace roof, despite only being entitled to exclusive use of half A. The purchasers want half A to be added to their lease so it is leased to them, not just for their exclusive use.

Is that right?

Dbenn

Pricivius wrote: »

Let me see if I have understood:

The freehold is for the whole building (3 flats) plus two garages with a terraced roof.

Leasehold 1 is a flat 1.

Leasehold 2 is flat 2 plus a garage plus half A of the terrace roof.

Leasehold 3 is flat 3 plus a garage plus exclusive use of half A of the terrace roof leased to Leasehold 2.

There is no mention in any lease of half B of the garage roof - either that it is part of the lease or its use is part of the lease. The leaseholders of Leasehold 3 have been using both half A and half B of the terrace roof, despite only being entitled to exclusive use of half A. The purchasers want half A to be added to their lease so it is leased to them, not just for their exclusive use.

Is that right?

The freehold, all land and building, is owned by the owners of the 3 flats within the house.

Flat 1 is leasehold (no garden)

Flat 2 (ours) is leasehold, this includes our garden, our garage and half of the garage roof terrace

Flat 3 (upstairs where the dispute is) is leasehold, this includes only there garden. There garage and their half of the garage (it's on their property and that is why I say theirs) roof terrace has not been included within thier lease or land registry drawings. However, within our lease deeds and their own, they are allowed exclusive use and access of their garage and the whole of the garage roof terrace, which includes our own half.

The new buyers have seen the problem.

We have half of the garage roof terrrace within our plans and property boundary but the current owners of upstairs property have none. The only claim they have to the area and their own garage is a 1/3 freehold share.

I hope this explains things, if not please come back to me.

I will try to put a picture up to help.

SORRY FOLKS, THE SITE WILL NOT LET ME POST A LINK AS A NEW USER:(

slowpoke_rodriguez

So presumably they want you to assign them your half of the garage roof so they have ownership and usage of it, whilst at present they don't own it but have sole use of it. This is a problem for your neighbour - not you.
How much are they offering?

Dbenn

slowpoke_rodriguez wrote: »

So presumably they want you to assign them your half of the garage roof so they have ownership and usage of it, whilst at present they don't own it but have sole use of it. This is a problem for your neighbour - not you.
How much are they offering?

They have offered nothing.

We want our use of the property. They are saying we cannot use it as within the deeds they have exclusive use of it???

It's in our plans but we cannot use it....

I_have_spoken

I'd want to retain the part ownership of the roof over my garage even if I can't make use of it for sitting on. Once the neighbours owns it all, nothing to say they won't get it into their heads to add a structure which damages the roof and causes water to get into your garage.

It seems you bought the property without you/your solicitor recognising that exclusive access was granted to another, caveat emptor.

Dbenn

I_have_spoken wrote: »

I'd want to retain the part ownership of the roof over my garage even if I can't make use of it for sitting on. Once the neighbours owns it all, nothing to say they won't get it into their heads to add a structure which damages the roof and causes water to get into your garage.

That has already happended and they have had to repair the entire garage roof terrace. They did not know at that time that they did not even own their half.

We want to retain ownership of our half but we want it returned back to our full use.

It does not belong to our neighbours. If we were to sell our property, a prospective buyer would see that this area of land is included within the sale but they cannnot use it??? It's madness.

I_have_spoken

we want it returned back to our full use.

In that case, you'd need to buy-back the right of access from whoever currently has legal control.

I'd guess a previous owner of your flat signed away their access right in return for £££s and that's when the lease was updated acknowledging the other flat owners had exclusive use