Obtaining consent for extension in share of freehold

Cakeguts

All the flats and the garden belong to the freeholder.



You have a lease on a flat that belongs to the freeholder. Included in the lease of that flat is a garden.



The garden is in the demise of your flat which means that it is included in the lease of your flat. It doesn't mean that you own the garden it means that you have a lease of the garden as well as the flat.



So because the flat and the garden belong to the freeholder you need permission from the freeholder to build on the garden as well as make alterations to the flat.

Tom99

[FONT=Verdana, sans-serif]Looking back at your post 9, it seems the freeholders have delegated the question of your consent to a non-owner.[/FONT]
[FONT=Verdana, sans-serif]This lady does not own a lease in the building nor is she a freehold shareholder.[/FONT]
[FONT=Verdana, sans-serif]It is only the actual owner of the flat who could take any sort of action and should have any sort of voice in the matter. Have you been in touch with the actual owners.[/FONT]

MarianeJ

Exactly!
So many things are being done in the wrong way and it’s killing me that no one’s there to rule this out...

Cakeguts

The lady who lives in the flat who has objected has every right to object to this just as you have the right to ask to build it.

MarianeJ

She does, but so do the other co-freeholders...who are being threatened not to do so...

MarianeJ

What implications? We re not touching any structural wall
The only wall we would is only to drill through

AnotherJoe

Tom99 wrote: »

[FONT=Verdana, sans-serif]Looking back at your post 9, it seems the freeholders have delegated the question of your consent to a non-owner.[/FONT]
[FONT=Verdana, sans-serif]This lady does not own a lease in the building nor is she a freehold shareholder.[/FONT]
[FONT=Verdana, sans-serif]It is only the actual owner of the flat who could take any sort of action and should have any sort of voice in the matter. Have you been in touch with the actual owners.[/FONT]

Whilst thats strictly true, I'd say its misleading because the owners are her parents so it seems she is acting as a proxy for them (unless she is acting without their knowledge which seems unlikely)



But yes OP you contacted the parents to check? But all she'd need is one letter from them authorising her to act on their behalf (which she may already have) and you are back to square one.

You might as a final try want to have your solicitor check with them that they are aware she is threatening on their behalf to sue you and others if you go ahead, but I think this is a diversion from the issue that one difficult owner can cause everyone. I cant see anything good coming from this whatever happens.

NeilCr

MarianeJ wrote: »

She does, but so do the other co-freeholders...who are being threatened not to do so...

There may well be the possibility that at least some of the other freeholders are hiding behind this lady. Saying one thing to your face and thinking something different. It happens. Would these people give you a statement saying they are okay with the extension - that might help your case.

You've been asked a number of times how all of you (as the freeholder) make decisions. Can you tell us this and how many other flats there are?

The problem for you is that you want a definitive answer now (I understand why) but that's not something you are going to get. A letter from a solicitor may be the best way forward. However I am inclined to agree with others that even if this extension gets built you are storing up issues with your neighbours which may well not make it worth it. I have to say, as a director of an estate, your lack of knowledge around leasehold and freehold etc might make me wary about easily giving agreement.

MarianeJ

bouicca21 wrote: »

And please, please, get your head round the fact that you have a lease on the garden/patio, and not a freehold. If you are not capable of understanding the difference between a leasehold interest and a freehold, you have zero chance of persuading anyone that you understand the legal implications of your proposed extension.

Well it’s not my job is it? I’m here for a reason. Havent had one expert being able to clarify this to me so why would i be the one to do so . I m fighting while still trying to be the best i can towards my neighbours. I only want to find the best solution. I’m told not to talk to them directly and take the formal route; who knows what the best solution is it s all !!!!ing subjective! Im very young, how can you expect me to know better than any professional ?!

SmashedAvacado

You have a right to make improvements regardless of what the lease says unless the landlord suffers a loss in value. That’s the only relevant info you need. Talk to your solicitor on that basis. Your neighbour might not like it but they don’t have rights to prevent you doing something that otherwise you’d be entitled to do.