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

Dbenn

Let me ask this question then.

They have exclusive use of our area..OK but if we wanted to place a fence around our property which still allowed access could they prevent us from doing this?

ScorpiondeRooftrouser

Dbenn wrote: »

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.

No it doesn't. Someone has signed a contract saying that although they own it, someone else can use it. They got paid for this, one imagines. You took over the property and the contract, and presumably paid an appropriate price for your property with this contract in place. Nothing needs changing unless whoever benefits for the change pays whoever loses out from it and everyone agrees.

ScorpiondeRooftrouser

Dbenn wrote: »

Let me ask this question then.

They have exclusive use of our area..OK but if we wanted to place a fence around our property which still allowed access could they prevent us from doing this?

Why would you want to do this when they have legal and moral rights to use the property they have paid for?

Red-Squirrel_2

Dbenn wrote: »

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.

Technically, when you buy a leasehold flat you never really own any of it, you just rent it from the freeholder on a very long lease.

If your lease says that you have no rights to access the top of the garage you use, then that's that really unless all parties want to change it.

KRB2725

If, as quoted in your first post, upstairs have always used this area, why do you want to start using it now?

You have obviously been okay with the arrangement up until this point, but now you have discovered you can't use it, you've decided that you want to?

slowpoke_rodriguez

Is this a sticking point for the neighbour's sale?

Dbenn

ScorpiondeRooftrouser wrote: »

Why would you want to do this when they have legal and moral rights to use the property they have paid for?

They have not paid anything for this area. Only we have for our half.

Dbenn

emmatthews wrote: »

If, as quoted in your first post, upstairs have always used this area, why do you want to start using it now?

You have obviously been okay with the arrangement up until this point, but now you have discovered you can't use it, you've decided that you want to?

We have discovered we own our area and we have also discovered that upstairs own none of the area. What would you do? Just relinquish what is yours?

Dbenn

Red-Squirrel wrote: »

Technically, when you buy a leasehold flat you never really own any of it, you just rent it from the freeholder on a very long lease.

If your lease says that you have no rights to access the top of the garage you use, then that's that really unless all parties want to change it.

We are the freeholder...we all are

Dbenn

slowpoke_rodriguez wrote: »

Is this a sticking point for the neighbour's sale?

Not the we are aware of...

The area was used within the sale brochure as pictures, yet they do not own any part of it or have it within their lease or land registry plans.

They effectively own none of it....we do