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

Dbenn

We are told that this requires a deed of variation but it would need agreement from the other freeholders to change the exclusive use parargraph in our lease. Upstairs will not agree to it.

We have told them that in return for our use of our property, we will allow them to register their garage and half of the garage terrace within their plans. In other words to give them more land than what they currently own.

They have turned this down as well.

theEnd

I_have_spoken wrote: »

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

This is very likely.

Either way, the right to exclusive use has value. The fact that the land is in your lease, but exclusive use is given away, wouldn't have much, if any value.

Red-Squirrel_2

Dbenn wrote: »

We are told that this requires a deed of variation but it would need agreement from the other freeholders to change the exclusive use parargraph in our lease. Upstairs will not agree to it.

We have told them that in return for our use of our property, we will allow them to register their garage and half of the garage terrace within their plans. In other words to give them more land than what they currently own.

They have turned this down as well.

I can understand why, at the moment they have exclusive use of the whole terrace area, why would they give up half of it to have more 'on paper' but not in reality? There's no practical benefit, and their buyers are expecting to get use of the whole terrace too and will have based their offer on that.

Dbenn

Red-Squirrel wrote: »

I can understand why, at the moment they have exclusive use of the whole terrace area, why would they give up half of it to have more 'on paper' but not in reality? There's no practical benefit, and their buyers are expecting to get use of the whole terrace too and will have based their offer on that.

I do understand this but it is our property..it does not belong to them. They have no ownership of any of the area:(

getmore4less

Is this a non problem.

All the land is owned by the freehold.

2 of the leases give access right to the garages(1 each)

1 of the leases get exclusive access rights to the top of the garage not in their lease.

They allready have the access right to the other garage and roof of it so no need to mention it anywhere.

theEnd

Dbenn wrote: »

I do understand this but it is our property..it does not belong to them. They have no ownership of any of the area:(

I thought your lease gave them exclusive use of it?

DTDfanBoy

Dbenn wrote: »

I do understand this but it is our property..it does not belong to them. They have no ownership of any of the area:(

If your lease stipulates they have exclusive access and use they have just as much 'ownership' as you do for your flat.

getmore4less

The obvious question

Why did you not see this when you bought the place?
Did you read the lease at the time?

Dbenn

So ownership is irrelevant?

Our leasees are signed and agreed with someone who no longer has any ownership of the building. The previous owner of the whole building.

Surely the agreements need changing?

I cannot accept that we own legally a piece of land but we cannot use it. It simply beggars belief.

Dbenn

getmore4less wrote: »

The obvious question

Why did you not see this when you bought the place?
Did you read the lease at the time?

Unfortunately my wife purchased the property and did not realise the issue:(