Swapping gardens on leasehold property.

Boardboy77

Hello I am looking for some advice.

I own a leasehold property with a small garden space, to gain access I had to go through my neighbours garden. To stop any potential arguments we agreed to swap sections of garden, I gave them mine and gained a larger section of their garden. This has all be done through verbal agreement. Now I want to sell my property and need to amend the leasehold but am a little stumped at the process. If anyone is able to offer advice I would be very grateful.

Many thanks.

greatcrested

You and your neighbour will both need your leases, and associated Plans, altered. This will require the agreement of the freeholder.

BernieW

The terms of your leases remain unchanged, so legally the land you're using is not yours to use - and vice versa. In order to get the documents to reflect your current use - you'll need a Deed of Variation, for both leases. That will require the agreement of the freeholder (as the other party to each lease). Most freeholders will agree to sign the documentation ... provided you give them enough money ... and pay their legal fees. 
I suggest you contact a leasehold specialist solicitor for some specific "leasehold advice" or Google that phrase.
Bernie Wales

AdrianC

greatcrested said:

You and your neighbour will both need your leases, and associated Plans, altered. This will require the agreement of the freeholder.

...and the mortgage lenders.

NameUnavailable

The other option, probably simpler, is to tell your neighbour that you are selling, refer them to the lease and explain that your agreement over use of the gardens will no longer apply when a new owner moves in (unless they wish to carry on the informal arrangement with your neighbour).

NameUnavailable

Funnily enough I viewed a property a while back, a ground floor maisonnette  which apparently came with the sole use of the front parking area and one of the garages - access to garages was shared so meant to be kept empty. At the rear the garden was split in two for each property to have a share. When I viewed there was a car parked in front of the neighbours garage (with a cover over it so it looked like it was hardly used) which blocked access to 'my' garage. There was also a car in the shared drive, also belonging to the neighbour.

I was told that the two leaseholders had an informal agreement that upstairs could park in front of the garage and drive as the downstairs only had one car they parked on the front drive.

This put me right off the property.

The first floor property is now also being advertised for sale. The advert says it comes with 'plenty of parking' and a double garage! I'm not sure which party is wrong but it's a mess to unravel for any potential purchaser.