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Help Needed....Our property but cannot use it??
Comments
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We are the freeholder...we all are
Then all of you have to agree to a change in the leases.
Seems unlikely, so you'd probably be best to just let it go. You have a garden you can enjoy, is it really worth getting this worked up and risking neighbourly relations for the right to sit on a concrete slab on top of a garage?0 -
If they have rights of access then that is part of the value of the lease and they did pay for that right.
they also (from what you have said) a right to use the other garage and roof.
If anything you should be paying them to give up the right of access if you want it.
As has been said you don't own it just rent access to it(not including the garage roof)
You need to stop confusing ownership with rights the leases give.0 -
They have not paid anything for this area. Only we have for our half.
How do you know? Unless you were a party to the drawing up of the initial leases you can't know what went on.
Either way it doesn't matter. You bought your flat with that condition in place. If that condition hadn't been in place, you would have paid more for it.0 -
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
They own the right to use it. That right was included when they bought their flat.0 -
Can I clarify please:
We do own it...it is clearly indicated within the land registry plan that this area belongs to us. We are a freeholder in the building, we have no landlord..we, collectively own the building and land.
Upstairs own there apartment, as do we.
Upstairs own their garden, so do we.
Upstairs do not own the garage block, we own half of it.
Our lease agreement is signed to the old landlord who use to own the building. They no longer own the building.
What is the point in having paid for property and then you cannot use it? That cannot be right?
I see the remarks about not getting worked up over a garage roof. the garage roof is approximately, 75ft by 30ft....it is not small0 -
Unfortunately my wife purchased the property and did not realise the issue:(
There was no issue though..surely your wife realised she was not entitled to use that area while the neighbours were, and paid an appropriate price? She didn't pay too much thinking that she did get to use it, did she?0 -
What is the point in having paid for property and then you cannot use it? That cannot be right?
I see the remarks about not getting worked up over a garage roof. the garage roof is approximately, 75ft by 30ft....it is not small
Because the price you paid reflected the fact that you own it, but someone else has exclusive use of it. It's right because that was the agreement. It was all clear in the lease, from what you say.0 -
ScorpiondeRooftrouser wrote: »There was no issue though..surely your wife realised she was not entitled to use that area while the neighbours were, and paid an appropriate price? She didn't pay too much thinking that she did get to use it, did she?
Are you seriously saying that the right of access holds more legal water than ownership?
they paid nothing to use our land because it was included within our sale...we paid for the property and this piece of land is included within the sale
We have spoken with the new buyers and they have confirmed this area of land was not included within the sale or valuation of the property0 -
I think that the word 'own' is unhelpful here (actually in my opinion it is arguably one of the most confusing words in the leaseholder's lexicon).
Leasehold property is all about rights and obligations. The trouble is that somehow people often don't see value in paying lots of cash simply to acquire rights, they want something physical.
These rights do have a very real value however whereas the value of the physical elements involved is often quite small.
You need to go through your lease in detail to see exactly what rights you have acquired.0 -
Are you seriously saying that the right of access holds more legal water than ownership?
they paid nothing to use our land because it was included within our sale...we paid for the property and this piece of land is included within the sale
yes. But there is another existing legal agreement that say they have exclusive use of it, which existed before your sale and continued to hold. You were aware of it at the time you bought your property. Therefore, you paid less for your property than you would have done were this agreement not in place.
(Personally I'd have paid less in this situation than I would if the neighbours owned the whole roof outright, but that's a judgement call)0
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