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Leasehold garden rights

We are first time buyers and we just found a flat we want to go for which is above a shop and is leasehold. The current tenants have been there for 10 years and enjoyed exclusive access to a garden/private entrance area. However they told us this is really owned by the shop who pay the ground rent, the shop is vacant at the moment.
My question is, what are our rights to this area? Can the landlord chose to seize the land back at any time and we can't object? Is it possible to have it written into the tendency agreement that we have use only? My worry is that if the new shop owners want the space then they can take it from us. This was a major selling point for this property but I'm afraid it will be foolish to not get something in writing and go on the word of the current tenant?

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your rights will be either formal, as defined in the lease you are buying - read it, or

    informal, as in the freeholder/other lessees may just let you use these areas....... until such time as they change their minds.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    This is unrelated, but presumably as FTBs you'll be buying with a mortgage? Check you can actually get one on this property - depending on what kind of shop it is underneath, many lenders might not be interested.
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