Shared feehold maisonette - ownership of front garden

PurityExiled

My Mum is in the process of buying a one bedroom ground floor maisonette near us. She is a cash buyer and the purchase includes a share of the freehold (shared with the owner of the upstairs maisonette). At present the upstairs property is rented out to tenants and the other freeholder lives overseas.



The results of the conveyancing has come back and it appears to show that she will have freehold rights to the back garden, and that the upstairs property has free hold over the front garden, with access rights for the lower property. I understand that this type of arrangement is not unusual. The front garden is very small and is immediately in front of her living room window.


My Mum is now stressing out a bit as she feels that this gives her no control over what happens in the front garden. She had been planning to tidy it up, remove a hedge and put in some plants it as it is rather messy at the moment. However, if the freehold belongs to someone else, she thinks that she will be unable to do this. The fact that the other freeholder is overseas makes it difficult to get in contact with them to agree maintenance works.


She is also worried that she also will have no control over who uses the garden. She is a pensioner and fears that the tenants (or owner should they return) could make use of the garden and disrupt her peace and privacy.


Her solicitor is investigating further, but I wondered if anyone had similar experience and how did it work in reality.

eddddy

The set-up you describe sounds unlikely (unless you are in Scotland... in which case, none of the following applies)

It's more likely that the front garden is included in the lease of the upstairs maisonette.

And the two leaseholders jointly own the freehold of the entire plot (front garden, back garden and the land that the building is on).

But that is limited consolation...

At best, the lease may say that leaseholders must maintain their garden, but that could be very difficult to enforce, if the upstairs leaseholder is unwilling.


Possibly the best solution would be for your mother to contact the other leaseholder and ask if they mind if she maintains their garden. But if they refuse, there's not much she can do.

And if the upstairs maisonette is sold, the new owners might not allow it either.

G_M

PurityExiled wrote: »

......it appears to show that she will have freehold rights to the back garden, and that the upstairs property has free hold over the front garden, with access rights for the lower property....
Unlikely but possible - as eddy says, more likely the gardens are included in the respective leases

however in practice that makes little difference

My Mum is now stressing out a bit as she feels that this gives her no control over what happens in the front garden.
correct - except by amicable negotiation
She had been planning to tidy it up, remove a hedge and put in some plants it as it is rather messy at the moment.
She would need the written agreement of the other leaseholder/freeholder.
However, if the freehold belongs to someone else, she thinks that she will be unable to do this.
correct - except wih consent
The fact that the other freeholder is overseas makes it difficult to get in contact with them to agree maintenance works.
correct. Do they have a managing agent for the letting? If so they may act as agent with regards to the shared freehold as well.


She is also worried that she also will have no control over who uses the garden.
correct
She is a pensioner and fears that the tenants (or owner should they return) could make use of the garden and disrupt her peace and privacy.
correct

Her solicitor is investigating further, but I wondered if anyone had similar experience and how did it work in reality.

It depends entirely on the people involved. They may be freindly, willing to let her tidy up/garden as she wishes, or they might be right b*st*rds who make her life a misery.

If she is elderly &/or easily stressed, and the front garden matters to her, this is not the property for her.

PurityExiled

Hello

Thanks both for your responses.

The issue is that most flats round here, the majority of which are converted properties, have the set up whereby the upper property has the lease to the front garden. I have no idea why it is set out this way.

I think that deciding factor will be how easy it will prove to communicate with the other freeholder (who has the lease to the front garden). This will be necessary for all maintenance works and not just related to garden access.