Ground floor claiming something that's not their

dipesh010

Hello, 
I have recently purchased a first floor maisonette flat. To access my flat there is a main door shared between ground/first floor owner, then a small hallway and 2 door for both flats

People living on the ground floor has stacked soo many boxed towards my side of the hallway and the top shelf is fully occupied by them.  I kindly asked them to remove them as I want to put a shoe rack plus I cannot even open my door (can open 30 degree of my door), plus I don't have any space to put my shoes.  

She now told me that the hallway is under their lease,  I asked my solicitor and she confirms it is shared area. I don't mind they keeping their boxes for a month or so but as long as they remove it 

What are my options here? next time I see her and give this news I am sure she won't let it go easy. 

Also my garden is accessible from the alleyway near a house. How do I find out how much of that garden is my. It looks like someone is using my garden as a dump so I am thinking of putting installing a gate so no one can access.

The garden is at the back via alleyway so how do I get access to the electricity. There is a CCTV camera and there is one wire for it that goes under ground. I don't know where it goes to. Is there a way I can find this out? I really want to put a proper CCTV camera. I know others around the area have CCTV camera and lights which I am sure goes under ground too

Slithery

What does their lease say about common areas? There's is usually a clause stating that they should be left clear at all times.

elsien

Report the boxes to the leaseholder as a fire hazard? Although I'd probably reconsider keeping shoes out there if you fall out with the neighbour - lord knows where they'd end up or what might end up in them. Do you not have an internal bit of your flat to put a shoe rack? 

Your deeds will show you which bits of garden are yours and who has right of access. Your solicitor would normally wave them at you to confirm that they match up with what you think you are buying.  Did you not check at that point? 

greatcrested

1) Look at your lease. It will a) describe what areas it includes and b)have a Plan showing a outline of what it includes.

2) Pay £3 x 2 to the Land Registry here and download the leasehold Title and leasehold Plan for your property. Check the same details there.

3) who owns the freehold? Is it jointly owned by you and downstairs? Or by you? Or downstairs? Or someone else?

4) Ask the freeholder to contact the downstairs leasholder to keep the communal area free

5) Ask the fire brigade to visit and do a risk assessment - they will probably instruct the communal area to be kept clear - especially if it is blocking your exit door

6) the lease and title Plans will show you what garden area is yours. You may need the permission of the freeholder to installa gate. What does the lease say?

dipesh010

elsien said:

Report the boxes to the leaseholder as a fire hazard? Although I'd probably reconsider keeping shoes out there if you fall out with the neighbour - lord knows where they'd end up or what might end up in them. Do you not have an internal bit of your flat to put a shoe rack? 

Your deeds will show you which bits of garden are yours and who has right of access. Your solicitor would normally wave them at you to confirm that they match up with what you think you are buying.  Did you not check at that point? 

Soon as I open my door its a stairs so there is no area to keep my stuff. They keep their shoes on their side so I thought I will keep my on my side   
it seems like they are hogging everything i.e hallway is full with their stuff (nothing is my), both top selfs (their side and my) are occupied by them, the recycling bin was 80% full last time I checked when I came to drop few things off. This is my first week so it would be nice to see how much of bins they occupied this week. Can I order a big bins? it seems like they have a big family living downstairs

Report by my solicitor does not state much about the garden other than how its access. I will check with them as they still have to do the land registry on my name 

dipesh010

greatcrested said:

1) Look at your lease. It will a) describe what areas it includes and b)have a Plan showing a outline of what it includes.

2) Pay £3 x 2 to the Land Registry here and download the leasehold Title and leasehold Plan for your property. Check the same details there.

3) who owns the freehold? Is it jointly owned by you and downstairs? Or by you? Or downstairs? Or someone else?

4) Ask the freeholder to contact the downstairs leasholder to keep the communal area free

5) Ask the fire brigade to visit and do a risk assessment - they will probably instruct the communal area to be kept clear - especially if it is blocking your exit door

6) the lease and title Plans will show you what garden area is yours. You may need the permission of the freeholder to installa gate. What does the lease say?

Lease its defiantly say its shared area (if it wasn't then technically I have no right to use that area, mean I cannot access my flat which does not sound correct)
I am not sure about the downstairs but freehold for my flat is own by some guy

Slithery

The freehold for the entire building will be owned by the same person.

What does your lease say about the common areas? It should be the same as theirs.

NameUnavailable

The lease probably has words to the effect that the communal hallways must not be used for storage of any kind (including shoes). Check your lease. If this is the case point it out to your neighbour and say you are worried about the fire risk. If they refuse to move the boxes contact your freeholder and ask them to enforce the terms of their lease.

eddddy

As others say - it's very likely that the leases say that nobody is allowed to store anything in the shared hallway.

So perhaps your choices are either:

• Play nicely with your neighbour and make a friendly agreement about how you both store stuff in the shared hallway, or

• Complain to the freeholder, who should then enforce the rules and tell both of you that you cannot store anything in the shared hallway

AdrianC

It's very simple...
They have every bit as much right to store their boxes in the hall as you do to store your shoes.

If they can store boxes there, you can store shoes.
If they can't store boxes, you can't store shoes.
Which do you prefer?

Yes, there's a question of the reasonableness of location and/or quantity if you REALLY can't open your door, but...

brewthebear

Adrian c what they are saying the other occupant is taking practically all the hallway to the ointment they can’t open door properly