Gardens Included in the Flat Sale - Misadvertisement

Tom99

[FONT=Verdana, sans-serif]My daughter had exactly the same situation. Private fenced in garden was actually in the lease a communal garden shared by all the flats.

[/FONT] [FONT=Verdana, sans-serif]We knocked £2,500 off the £145,000 price and just accepted the situation.

[/FONT] [FONT=Verdana, sans-serif]The garden was used privately until sold 5 yrs later but it was also a problem on the sale and we lost one buyer because of it.

[/FONT] [FONT=Verdana, sans-serif]The problem you might have is that all the other flats have leases which grant them access or use of the garden and all the leases and the freehold title would need to be changed which would be a nightmare.[/FONT]

AnotherJoe

Wlodkowa wrote: »

Thank you for your response.

Yes, they are. I only hope that this will get sorted.

I never imagined how difficult it is to buy a flat

Regards

Think forward, to when you want to sell it and the freeholder is wanting a nice big chunk of cash from you to legalise this scenario.

Walk away.

Wlodkowa

There is definitely a possibility for the gate to be put in the rear garden.
Could it be the case that the current owner put the fence himself and started using that part of the land as him own garden????
The flat is in the block of flats and ground flats in other blocks of flat all have gardens that are fenced from the other communal gardens areas and I using them as the private gardens. Is it possible that they again fenced that land themselves and started using it as the private gardens?

Here is what the lease says:

“the right for the Lessee and all persons authorised by the Lessee (in common with the all other persons having the like right) to go pass and repass on foot over and along the entrances, passages and landings giving access to and egress from the dwelling and over and along all paths laid out on the Estate;

“the right for the Lessee and all other persons authorised by the Lessee (in common as aforesaid) with our without motor cars and other vehicles at all times by day and night and for all purposes to go pass and repass over and along the road and access ways laid out on the Estate;
!
“the right for the Lessee and all other persons authorised by the Lessee (in common as aforesaid) to use the gardens and other communal amenity areas on the Estate as shown on the plan
The “Estate” is defined as:
!
“the property comprised in the title to which the property is situate in Union Road and Pump Close in the London Borough of Ealing and is for the purpose of identification only shown on the Estate Plan and thereon Edge Blue (see attached)”

chappers

Are the gardens in question within the area edged blue ?

“the right for the Lessee and all other persons authorised by the Lessee (in common as aforesaid) to use the gardens and other communal amenity areas on the Estate as shown on the plan
The “Estate” is defined as:
Is this clause common to all the leases?

If the answer to both these questions is yes, then you have a right to use the space as a garden and the freeholder almost certainly can't prevent that right, but then again so does everyone else who has that clause in their lease. However, if you are the only one who really has access to the gardens in question then effectively you are the only ones who can use them. Unless someone wants to vault the wall or abseil down from the upper floors

Wlodkowa

The area is edged blue.

What has actually turned out today (pending full confirmation) that the Landlord has granted the lease for the gardens to the Managing Agent via Superior Lease who in turn grander it to the vendor via Under Lease. I am pending the confirmation whether the Managing Agent is the owned of the gardens' land as well.

Tom99

[FONT=Verdana, sans-serif]In my daughters situation which was identical to this, we got a sworn statement from a long term neighbour which stated how long the area had been used as a private garden and which fence was in place where, for the flat we were buying. I have no idea how useful it might have been but we thought it would add to our argument if ever another party wanted to exercise rights over the private garden.[/FONT]