My lease allows me to park on driveway, will i retain this if i sell?

eddddy

5abi wrote: »

We have a sinking fund which we all contribute to monthly, although I have always been challenged for paying more because my flat is the biggest. We all pay the same right now. They want to charge according to the size of the property. I have resisted. They cant force me I guess.

That's the same answer as for the parking place...

If your lease says you are liable for 20% of the maintenance fees - that's what you have to pay. They can't make you change your lease.

It might be more complicated if the lease says something like you must pay a 'reasonable percentage'.

To cut through these daft questions, you could ask the others to ask the solicitor...

"Can any terms in any of the leases be changed by the freeholder without the leaseholder's consent?"

The solicitor's answer will be "no".

However, the important change to the lease (which obviously you would agree to) is extending the term to 999 years.


In the unlikely event that they try to blackmail you... "We won't extend your lease to 999 years unless you give up your parking space and pay more maintenance" - you might have to take legal advice.

chappers

eddddy wrote: »

I guess you'll be required to pay 20% of the solicitor's bill for dealing with daft questions.

Presumably the freehold is owned by a company which the 5 of you have shares in. Do you have a sensible process in place for deciding what the company should spend money on in future?

But this isn't freeholder/management company business, this is private leaseholder business the leaseholders paying for the advice, will have to pay it between them.

They are wasting their money on two counts.
1)they won't be able to force a variation of the lease, and in all honesty the solicitor should have been able to essentially tell them that on the phone.
2) what are they going to do if the right to park there is granted to the other leases, It's just going to be a pointless free for all.

Nothing changes at any one time 4 people will miss out on a parking space. five into one doesn't go, no matter how hard you try
Sounds like neighbour envy to me

5abi

chappers wrote: »

But this isn't freeholder/management company business, this is private leaseholder business the leaseholders paying for the advice, will have to pay it between them.

They are wasting their money on two counts.
1)they won't be able to force a variation of the lease, and in all honesty the solicitor should have been able to essentially tell them that on the phone.
2) what are they going to do if the right to park there is granted to the other leases, It's just going to be a pointless free for all.

Nothing changes at any one time 4 people will miss out on a parking space. five into one doesn't go, no matter how hard you try
Sounds like neighbour envy to me

It most certainly is. They pick the most basic things that I have a right to and question it. I have the biggest flat and I paid accordingly.

The free for all is not practical at all. There is just one space, the street parking is paid through a yearly fee which is what everyone hates.

5abi

eddddy wrote: »

That's the same answer as for the parking place...

If your lease says you are liable for 20% of the maintenance fees - that's what you have to pay. They can't make you change your lease.

It might be more complicated if the lease says something like you must pay a 'reasonable percentage'.

To cut through these daft questions, you could ask the others to ask the solicitor...

"Can any terms in any of the leases be changed by the freeholder without the leaseholder's consent?"

The solicitor's answer will be "no".

However, the important change to the lease (which obviously you would agree to) is extending the term to 999 years.


In the unlikely event that they try to blackmail you... "We won't extend your lease to 999 years unless you give up your parking space and pay more maintenance" - you might have to take legal advice.

Yes getting a counter lease for 999 years is also part of the agenda with the solicitor.

I will take everyone's advice and refuse to budge on everything else.

5abi

Hi all
The meeting happened but I could not attend. It seems like the solicitor has given the other leaseholders some hope about the driveway. The solicitor says that my flats easement (in my lease) is not exclusive and anyone can park in that space (even though the other leases to not mention this clause in easements). The freehold company cannot rent the parking space to me because of this easement. However, renting is something that they can consider when redrafting the leases to change them to 999 years.

I am seriously annoyed about this.

They also want to change maintenance costs to be proportional to the size of the flats (we currently all pay equally). I have the largest one so they want me to pay more. I am a director of this company too, I guess they cannot force me to pay more, can they?

chappers

no they can't make you change your lease.
I would get some advice of your own on the driveway, that doesn't sound right, that's like saying even though I don't have an easement I can park on my neighbours drive or walk across his garden to get to my house from the end of the road.
What is the exact wording of the easement in the lease.

5abi

chappers wrote: »

no they can't make you change your lease.
I would get some advice of your own on the driveway, that doesn't sound right, that's like saying even though I don't have an easement I can park on my neighbours drive or walk across his garden to get to my house from the end of the road.
What is the exact wording of the easement in the lease.

"The right to park one private motor vehicle on the driveway of the Estate and a right of way with and without vehicles over the driveway"

This easement is not mentioned on any of the other leases. The solicitor says that the statement here is not exclusive to our flat.

Tom99

[FONT=Verdana, sans-serif]Sounds like an exclusive right to me. If anyone is blocking the driveway you cannot exercise the right you have been granted.[/FONT]
[FONT=Verdana, sans-serif]I would stick out for your parking space and the same service charge %age unless you are offered enough £'s.[/FONT]

gazapc

Unless you want to draft your own response, it sounds like you need to get some independent third party advice from a solicitor of your own. Neighbours obviously have some jealousy.

5abi

Tom99 wrote: »

[FONT=Verdana, sans-serif]Sounds like an exclusive right to me. If anyone is blocking the driveway you cannot exercise the right you have been granted.[/FONT]
[FONT=Verdana, sans-serif]I would stick out for your parking space and the same service charge %age unless you are offered enough £'s.[/FONT]

Hi Tom99

Could you please expand on "offered enough £"?

Thanks