Changing boundary of leasehold

sancahojo

Help! We are leaseholders of a bottom floor maisonette. Alan Mattey are freeholder. The back garden is currently split on the lease between us and our downstairs neighbours. However, we have agreed that neither of us like the current split and want to change it - as it currently stands they have access across their garden to get to their section. I am concerned that changing the split officially will be incredibly expensive as it may involve not a deed of variation, but a deemed surrender and regrant of the leases. Does anyone have any experience of this and know what the costs would be?

eddddy

Maybe investigate buying the freehold before doing that.

Then it would be your own solicitor doing all the work - ideally on a fixed price quote.

Otherwise, you'll have to pay your own solicitor and the freeholder's solicitor - and maybe pay the freeholder a 'sweetener' to get them to agree.

If the leases have a long time to run, and the ground rent is low, the freehold might be fairly cheap. So the total cost might not be much higher, and you get the freehold thrown in.

greatcrested

sancahojo said:

Help! We are leaseholders of a bottom floor maisonette. Alan Mattey are freeholder. The back garden is currently split on the lease between us and our downstairs neighbours. However, we have agreed that neither of us like the current split and want to change it - as it currently stands they have access across their garden to get to their section. I am concerned that changing the split officially will be incredibly expensive as it may involve not a deed of variation, but a deemed surrender and regrant of the leases. Does anyone have any experience of this and know what the costs would be?

Why are your neighbours in the basement concerned about crossing their own section of garden?

princeofpounds

greatcrested said:

sancahojo said:

Help! We are leaseholders of a bottom floor maisonette. Alan Mattey are freeholder. The back garden is currently split on the lease between us and our downstairs neighbours. However, we have agreed that neither of us like the current split and want to change it - as it currently stands they have access across their garden to get to their section. I am concerned that changing the split officially will be incredibly expensive as it may involve not a deed of variation, but a deemed surrender and regrant of the leases. Does anyone have any experience of this and know what the costs would be?

Why are your neighbours in the basement concerned about crossing their own section of garden?

I suspect they mean that the owners of the rear portion of the garden have to cross the front part of the garden they do not own to reach their own space. I.e. they mixed their words up a bit.

OP, if you want to do this, you will need both leaseholders, the freeholder and any mortgage companies involved to agree. The problem is that the latter two parties have very little incentive to actively agree the change. It will be easier if the leaseholders become the freeholder by buying the freehold ('enfranchisement'). The mortgage companies, it's harder to tell what their attitude will be. My guess is that they are more likely to decline than accept.

Unfortunately there will be layers of fees. Solicitors, the two mortgage companies, the freeholder will all have an ability to charge. It's impossible to give you an accurate figure, but I'll take a wild stab and say 6k without purchasing the freehold.

sancahojo

Thank you @princeofpounds
Yes, did mince my words up a bit!
I have written to the freehold to see what they will charge. They don't have the greatest reviews on google and seem to rinse people for all they can so I am expecting the worst!

greatcrested

(I sort of knew...). Bl**dy pedant.

neishb

Hi!

Very sorry you have to deal with Alan Mattey - Previously Alan Mattey diseased.

It's a bitter pill to swallow in days of austerity but they still manage to make money with minimum investment (1%) in your property (freehold) yet have the  ultimate power over you.

I owned my family home and all was good and was even offered the freehold for £2000 at that time but thought nothing about it.

Mattey deceased bought it and the next thing I know, I'm paying £20k for a lease extension but still cannot put a window in my loft without being charged more money.

During the leasehold extension I was faced with a sausage machine of inhouse solicitors and directors not commonly associated with a company that portrays itself as a 'We will help you', ‘building maintenance' company.

Looking at some of their history I can see from old court records that old Mattey would enter an empty property and open their mail then go to court with the hope of acquiring the property due to lack of ground rent payment.

Although, I have been very comforted in respect of their charitable nature and rest assured that a small percentage of the £20k I gave them will go to Israeli children in need, I still cannot quite understand why this charitable doation was not offered to British children first. 

I received a rather expensive buildings insurance bill today marked ‘Do not Ignore’, therefore I called then but could not pay by card so I now have to order a check book to do this.

I will be selling up within the next few years as I think my mother would turn in her grave knowing who I’m dealing with now.

In answer to your original question – Don’t even bother – Sorry!