I jointly own a garden but want to officially split it

[Deleted User]

Hello there, 
I jointly own the freehold to a property with my upstairs neighbour and we have a large shared garden which has never been split into two. At the moment as well as pulling considerably more weight in the upkeep, I have to ask permission to do anything and I would love to be able to do some improvements and go at my own budget, taste and pace - So my question is, I would like to suggest that we split the garden in half and I know I need to go to a solicitor to get the proper info, but I just wondered if anyone has any 'real talk' knowledge on costs and process of getting this done officially please?
Also, If didn't want something so official (If it ends up being out of my budget for instance) is there something I can do that's informal but formal enough to appease someone who ended up buying one of our flats one day that would reassure them that there is some kind of agreement in place?

Thank you so much in advance of any help or knowledge,
Marla

Comms69

What do the leases say about the garden?

[Deleted User]

Comms69 said:

What do the leases say about the garden?

Hi @Comms69
 it says this (thought easier to share a picture) - )

AdrianC

What does your neighbour want to do?

As a joint freeholder, he has precisely as much say as you do in whether the leases get amended.
As a leaseholder, the freeholder cannot change his lease without his agreement.

Are you willing to pay the legal costs to alter both leases and all three Land Registry entries?

[Deleted User]

@AdrianC
Hi Adrian, I haven't asked as yet because at this stage I was just trying to get some ball park figures to assess if I could afford to do it and see if I could find out the process. I'm aware I would need to get this mutually agreed, but I didn't want to go to them unnecessarily if it turns out it's not something I can afford do right now myself (because, yes, I would likely end up paying for it, because I don't think they would contribute even if they wanted to do it too)

NameUnavailable

You would need to have a new lease drawn up for each property, the records changed for the land registry (showing the allocated garden for each property) etc. I think you need to speak to a local solicitor and ask for a quote but it's going to be a few thousand I'd reckon and that is only IF your neighbour is in agreement.

You could just agree to fence off an area of garden each, but that will only lead to problems down the line when one of you wants to sell, as a new buyer may want to revert to a whole shared garden as per the lease and they would have every right to enforce it. Also the issue will come up with solicitors and could put potential buyers off.

Perhaps is best to have a chat with the neighbour first and then do it formally if they agree.

davidmcn

If either of you have mortgages, the lenders will need to be involved too.

NameUnavailable

davidmcn said:

If either of you have mortgages, the lenders will need to be involved too.

Good point, obvious but I forgot about that.

Also add on the cost of the actual works to separate the gardens, new fences, gates, pathways?

NaughtiusMaximus

Since a change in the lease will be required anyway, would purchasing your neighbours half of the garden from him be an option? Having sole use of the garden would definitely make your house more desirable if you decide to sell at some point.

[Deleted User]

@NaughtiusMaximus
Thats an idea! Thank you. 

[Deleted User]

@NameUnavailable @davidmcn
Thank you both, this is the kind of info I needed to hear and is helpful to help me decide it it's worth it - I hadn't thought of the mortgage, but of course that would effect that!
Thank you to all who has replied.
I think I will just ask if I can have a patch that is mine to do as I please instead and they are welcome to theirs also and maybe it can be more casual but remain whole.