Buying a flat. Downstairs neighbour's huge summerhouse/office in shared garden, legal?

hb2

OP, I think the only question you have to ask yourself is 'Can I live with this structure next to my bit of garden?'. If the answer is 'Yes', go ahead and buy, knowing that it is likely to remain there. If the answer is 'No' then you need to look elsewhere, cos the chances of it being removed are very low.

passthepigs

Maybe you could describe the amicable compromise you have in mind?

These are just off the top of my head, as I said its early days right now...

For example us building a bike storage shed in another part of the garden which is shared.

Not objecting to plans if we were to get permission for a loft conversion in a few years time after a remortgage.

If we wanted a similar structure on our side of the garden one day (its a possibility not a plan) how it would impact the light going in to theirs and what could be done about this in terms of fair warning.

Mojisola

passthepigs wrote: »

Sorry for not clarifying – Its a purpose built Victorian flat with 2 front doors on to the street. There is no physical demarcation in the garden but the property bounds in the land registry show that it is officially divided between the upstairs and downstairs flats on the lease.

The summerhouse occupies the entire footprint at the rear of the property on their lease.

passthepigs wrote: »

For example us building a bike storage shed in another part of the garden which is shared.

Why do you think you will have to share your garden with the other flat? They have filled their garden with a building; you can do what you want with your garden.

passthepigs

They may not be taking the mick as you say. Your seller may have agreed to it being built before they had any intention of selling.

Absolutely, or they weren't using their side of the garden much. We saw one place that had a similar divide except it was a deck rather than a summerhouse, the DS neighbour didn't use their garden and was happy to share so long as they mowed their lawn.

passthepigs

Why do you think you will have to share your garden with the other flat? They have filled their garden with a building; you can do what you want with your garden.

There is already an apparent difference in usage between what we've physically seen and what is on the deed. According to the red box we own most of what is currently 'shared' at the side of the property. But a lot of this is outside their windows which is a little strange. So we're happy to informally agree something that works best for both of us.

I'm trying to attach an image but it won't work. If you go to imgur.com and type /a/CThlvN0 after it in the address bar you'll see the property bounds.

D_M_E

You say it's right up to the boundary of what you consider would be your bit, should you purchase, and that there is a door which opens in the wall on the boundary.

This means that they would need access to your bit to get in or out of the door, requiring permission from whoever the owner - or whoever buys - of the bit in question.

You need to read the lease and see exactly what is written down there, or pay a solicitor to read it for you and explain who owns what and what, if anything, is shared.

Once you have done that then make your decision whether to buy or not - could be well worth the few bob spent for advice.

need_an_answer

passthepigs wrote: »

These are just off the top of my head, as I said its early days right now...

For example us building a bike storage shed in another part of the garden which is shared.

Not objecting to plans if we were to get permission for a loft conversion in a few years time after a remortgage.

If we wanted a similar structure on our side of the garden one day (its a possibility not a plan) how it would impact the light going in to theirs and what could be done about this in terms of fair warning.

I don't think you fully understand the importance of the lease document in all this.

Bringing a loft conversion into potential has very little to do with whether the neighbour is likely to object or not...the lease is the factor that will allow or not permit that type of development.


A bike storage...yes I expect you can put that up on your part of the garden but are you asking the neighbour to remove their structure in order to put the bike storage in place of the shed?
If I were your neighbour and had my shed to use as my home office why would I want to downsize to your bike shed however shared it was?

passthepigs

Bringing a loft conversion into potential has very little to do with whether the neighbour is likely to object or not...the lease is the factor that will allow or not permit that type of development.

It's my understanding that they could raise objections to it being built though? I know that the lease and PP are the governing factors here.

A bike storage...yes I expect you can put that up on your part of the garden but are you asking the neighbour to remove their structure in order to put the bike storage in place of the shed?

No absolutely not, this would be a separate structure elsewhere in the garden. It is just an example at this stage anyway.

I don't think you fully understand the importance of the lease document in all this.

You're probably right – I am a first time buyer. But I do at least understand that there are a lot of these maisonettes in the area, (from viewings and having friends who live in them) and there are often informal agreements which do not match to the letter of the lease.

hazyjo

The freeholder is likely to want thousands for you to extend into the loft (presuming you even have use of it). This one wanted £30k! https://forums.moneysavingexpert.com/discussion/5979624/buying-my-loft Am sure others will be far more reasonable, but please bear it in mind.

passthepigs

The freeholder is likely to want thousands for you to extend into the loft (presuming you even have use of it). This one wanted £30k! https://forums.moneysavingexpert.com/discussion/5979624/buying-my-loft Am sure others will be far more reasonable, but please bear it in mind.

Yikes! Thanks for the heads up.
At the moment its a nice to have rather than a cast iron future plan at the moment anyway. We're going to investigate the possibility of buying the freehold from them after 2 years as the lease is nice and long and as there are no service charges that they are profiting from they may be more inclined to sell it.