Buying freehold

Jojomissy

We bought a leasehold house around 19 months ago with a 962 years left paying 17.50 twice a year.

I know the advice is to wait until you have owned the property 2 years before attempting to contact the leaseholder but with ours being a long lease will this make any difference?

It is very open plan gardens at the moment and the neighbours (especially next door) has got used to dragging stuff around the side of our house and though the gardens walking past our patio doors, not great when I first moved in and was walking into the dining room in my underwear to grab a t shirt from the ironing pile He smiled and waved like it was completely normal, never once knocked and asked if he could walk through all the gardens. He is nice enough but it is starting to affect how I use the house and sit with the blinds closed whilst I am relaxing as they stare and wave on walking past.

It is a row of four and they have no access rights but obviously do not like dragging lawn mowers through their house from the garage. I get a feeling this has been a bugbear of the previous owners as on the lease it states in bright red writing all around the the edge of each page "access for window cleaner only" They were away alot in their holiday home so obviously it was a free for all.

Anyway, we would like to fence the areas for privacy and lots of the other blocks and even the opposite end house to us has done it but the next door neighbour who walks past at least weekly keeps dropping in about fences are not allowed due to the lease. I know he will report us as it will affect him. We bought an end property for this issue and paid a 30k premium compared to a mid house which was for sale at the same time.

I know we will have to get the convenent about fences removed at the time of buying the lease but wondered if it would do any harm to approach the leaseholder now so we can fence asap.

Many Thanks

need_an_answer

What does the lease document actually say about the garden?

Does it belong to you or is it communal?

I think you may be confusing 2 different things here,the ability to extend a lease and the right to purchase a freehold.

There is absolutely no guarantee that the feeeholder will want or is in a position to sell the freehold to you as you clearly purchased a leasehold property.With 900 plus years remaining that is a going to be expensive to buy if at all it ever becomes available

I'm not aware that you would be able to just change the lease without substantial cost and everyone agreeing to it but I am not an expert and hope someone will come along to answer your question more fully.


In the meantime read the lease so you are clear on its content.

eddddy

Jojomissy wrote: »

I know the advice is to wait until you have owned the property 2 years before attempting to contact the leaseholder but with ours being a long lease will this make any difference?

I think you mean attempting to contact the freeholder.

You can approach the freeholder at any time (before or after 2 years) to ask if they will sell you the freehold. But they may say "no" or they may ask for a stupid price.

But once you've owned the lease for 2 years, you're usually able to compulsorily buy the freehold, if you want - by following a statutory procedure.

Here's some info: https://www.lease-advice.org/advice-guide/houses-qualification-valuation/

Jojomissy

Thanks eddddy.

So I have more chance if I wait until the 2 year point as they have to follow a procedure?

Is there a calculation they follow? The only experience I have had was with a terrace with a £2 peppercorn rent which I paid £50 to buy out when they offered.

The garden is private, not communal. We have a drive with grass to the side and grass with steps up the side of our house then what should be a private back garden. He is walking across our drive up the side steps on the side garden and then across the rear garden right past the patio doors looking in.

As I said more than 50% of the estate has fenced theirs but I am concerned if he kicks up a fuss the leaseholder will start charging us and also when we come to sell we will be in breach. I knew the house was leasehold with a long lease and was happy how the gardens were fairly open. What I didn't account for is how "friendly" the neighbours be

Thanks again.

GSDPenny

Is there a temporary structure you could erect to prevent access?

Or could you even speak to the neighbour and explain that you value your privacy and would appreciate a little warning if he is going to walk across your property? A delicate one, I know as you don't want to start a feud, but if you're planning on building a fence anyway you may as well get it over with now.

eddddy

Jojomissy wrote: »

So I have more chance if I wait until the 2 year point as they have to follow a procedure?

I'm not quite sure whether you've got it or not.

There are two completely different ways of buying the freehold.

Option 1. You can informally approach the freeholder at any time (now, or in 2 years, or in 10 years etc) - and try to discuss buying the freehold.

(Just like I can approach you and try to discuss buying your car. But you might say "no", you might ignore me, you might say "OK for £100k", etc, etc)


Option 2. Usually after 2 years, you can serve legal notices on the freeholder, saying that you want to buy the freehold. If you serve the notices, the freeholder cannot stop you buying the freehold - but there might still be some 'arguments' over the price.

HampshireH

Is your covenant very specific in no fences or not to mark the boundary by any means? Could you put something else there like mini trees to grow a hedge?

troffasky

need_an_answer wrote: »

With 900 plus years remaining that is a going to be expensive to buy if at all it ever becomes available

That's not how it works - long leases at low rent are effectively worthless in investment terms (the freeholder may not even bother asking for it), so the statutory valuation would be £0. What you would be paying is the freeholder's admin costs.

Mossfarr

Whilst you are waiting for the leasehold purchase to be resolved I would construct a 'temporary' barrier using canes along each of his points of entry and plant rows of runner beans, peas, sweet peas etc. You don't even need to crop them if you don't want to - just let them grow wild.

He can't complain that you've put a fence up and you are perfectly entitled to grow whatever you want in your garden (other than cannabis) LOL.

mrschaucer

Are you sure you're not confusing two completely separate matters? You can have a freehold house but still have restrictive covenants on the title deeds preventing the erection of a fence.