Leasehold flat owner - question on boundaries

HouseBuyer77

You could try uploading an image here: http://imgur.com/. The forum might not allow you to post links but you can post simply disguised ones (e.g. imgur.com gallery G438ui).

I'm slightly surprised you have one title plan covering multiple properties, certainly my leasehold has it's own individual title plan which indicates the flat and the specific areas of land which are for my exclusive use. Still as you've got different numbered plots guess they just decided to share the same diagram between multiple properties.

huskie69

HouseBuyer77 wrote: »

You could try uploading an image here..............he forum might not allow you to post links but you can post simply disguised ones (e.g. imgur.com gallery G438ui)

Fantasitc, give this a try:

imgur.com / oZS2v9v

HouseBuyer77

I'd say that definitely muddies the waters. My plan has a clear red-line around my specific flat as well as my specific garden. Yours does not. There may be text within the title register/plan document that clears things up.

Are you sure there isn't a seperate leasehold plan? (Put your address into the land registry website and see what comes up).

huskie69

HouseBuyer77 wrote: »

I'd say that definitely muddies the waters. My plan has a clear red-line around my specific flat as well as my specific garden. Yours does not. There may be text within the title register/plan document that clears things up.

Are you sure there isn't a seperate leasehold plan? (Put your address into the land registry website and see what comes up).

Looking at the land registry site, there are plans for the freehold as a whole and also the 6 leasehold flats. Not sure what additional information would be held on the individual leasehold plans that wasn't included in the freehold? I'll chuck £6 at it and see what I get!

HouseBuyer77

What you have looks like the freehold plan, the leasehold plan may give more details on your specific lease. You could just get the plan for £3 (other £3 gets the title register document that goes along with it. Perhaps it has text that you need though). Worth a shot at £6 to determine what's going on though.

huskie69

HouseBuyer77 wrote: »

What you have looks like the freehold plan, the leasehold plan may give more details on your specific lease. You could just get the plan for £3 (other £3 gets the title register document that goes along with it. Perhaps it has text that you need though). Worth a shot at £6 to determine what's going on though.

Brilliant - the title plan for my flat confirms my assumptions

http://imgur.com/kpMr8O5

There's a clear boundary in red highlight the footprint of my flat within the buildiung and additionally the grounds which are exclusive to my flat.

HouseBuyer77

Yup far clearer, looks much like my title plan. I'd take that to her and see what she says.

Do go over all of the text in the lease, and title register/plan just in case there's some clause which means that land whilst being yours isn't for your exclusive use but looks like you have a solid case.

G_M

There three documents & plans you need to check (probobly 4 to be safe!)

1) the Freehold Title & Plan.
This is for the whole building and will show what you ALL communally own as freeholders. It will, of course, include the garden, since that is part of the freehold which you all jointly own. It is probobly not really relevant to your problem.

2) the Leasehold Title and Plan to your flat
This will show what you as a leaseholder own & have rights to use

3) the Lease itself + Plan
This is a separate document. (You should have received it when you bought). This will show what was legally passed to the 1st leaseholder (when the lease was originally created) and therefore what has been sold on to you

You could also, to be sure, get the Leasehold Title & Plan for the neighbour, just to make sure there is no contradiction.

For examle, if your leasehld Title (and Lease) say the front garden is incuded within the boundary of your lease, with no clause allowing acess by others, but the neighbour's lease says the same thing - then you have a problem!!

G_M

You should also read the lease in detail. It may not mention fences, but may require Freeholder consent before you to install any structure, or have some similar clause.......

huskie69

Thanks all

Feeling much better about my rights now! Passers' by are frequently chucking rubbish into the bit of land right outside my flat so I'm hoping a fence will be a good detterent, will give me a bit more privacy and I can actually make use of it (it's been pretty much neglected since the ownership came under question!)