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

passthepigs

OK, so first off, I very much doubt "everything red is 100% you, everything outside red is 100% downstairs".

What's far more likely is that you're totally misunderstanding, and the red is 100% shared.

That apart, that shed box is not 50% of anything.

I'm going off what I've been told – that the back garden is divided, the side garden is shared & front garden and summerhouse area is theirs. If I am right then that box is approaching 50% of their share.

I concede that I may be wrong but given what we've heard time and again about similar properties (lots of them purpose built at the same time all over the local area) it would seem unlikely that one flat would be deeded exclusive garden space and use of shared areas whilst the other deeded just shared areas.

I'll let you know when our solicitor comes back!

passthepigs

getmore4less wrote: »

Have you checked the planning portal for all planning and building regs for this unit and those around you if you go ahead and buy this place?

I have looked at the planning portal but couldn't find the information I needed about 'shared' gardens.

passthepigs

Rosieandjim wrote: »

When you look out of your rear windows do you only see this massive shed? Not a nice view to look out onto if so

Window faces a different direction thankfully!

Rosieandjim wrote: »

Also I would be concerned about noise as Victorian conversions are notorious for this and would be a red flag

Its not a conversion but purpose built. If you check Warner Estate on wikipedia you'll see. I live in an Edwardian house share at the moment so I have some idea of the noise – that's why we're only looking at upstairs flats!

Rosieandjim wrote: »

Do you have a link to this property as it would give us some idea of what you are describing. I presume it is on rightmove

The link doesn't do a good job of showing the back garden at all.

Hopefully the garden is the reason the price is good and not some other surprise later down the line! Price was higher but its been on the market for a while with a questionable taste in renovation. Property developers did it and so have dropped the price after a lack of interest so they can move on to their next project. (At least this is what we've been told).

Rosieandjim

Have you thought about knocking the neighbours door and introducing yourself + having a general conversation about the area etc. This could lead onto the garden and you could say you would like motorbike storage and did he find it difficult getting permission for his shed. There are ways of getting information without coming across as aggressive or intrusive/nosey. In fact I would not consider living anywhere unless I had met the people around me.

Sachs

AdrianC wrote: »

OK, so first off, I very much doubt "everything red is 100% you, everything outside red is 100% downstairs".

What's far more likely is that you're totally misunderstanding, and the red is 100% shared.

That apart, that shed box is not 50% of anything.

There's no reason it can't be like that, especially if it's Victorian. It's unusual granted but I've seen wierder. Is this in the North East?

You really need to read the lease in full though to understand who has what rights over which bits of land.