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what is my solicitor saying?
Comments
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Thanks, I will also be a free holder, so I think it is going to be fine.
You will hold a 1/3rd share of the freeholder (which is presumably a company), the holders of the other 2/3rds could potentially vote to enforce the lease and make you convert it back to a 2-bed.
Now they'd have to feel pretty mean to be do this, but as said above they could get some money out of it (you will of course receive 1/3rd of it) so they have an incentive to do so.
The other thing to check is what the lease says about alterations. They sometimes say consent to alter will not be unreasonably witheld, in which case you may be able to force the freeholder (that is the other 2 people who own the freeholding company) to accept the modifications with a retroactive consent.
Personally I'd tell the current owner the go and get retroactive consent from the freeholder. Assuming the other two owners are reasonable people this should be a matter of some paperwork and some survey/legal fees. If they're not it could get complicated and expensive, but do you really want to be sharing a freehold with unreasonable people?0
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