Freehold garage with no right of use

Tig13

Slithery said:

Tig13 said:

 I will ask my conveyancer to find out this information regarding the other persons deeds 

Or you could just download the deeds yourself now for £3 from the LR website.

Amazing thanks I didn’t realise that 

Norman_Castle

Tig13 said:

mrschaucer said:

Is this a modern house?  How did it come about historically that no lease was granted in respect of your garage, which someone else seems to have the right to use and you don't?  And what on earth do his deeds say?  As above, you need to get hold of his deeds.

The house was only built 8 years ago. It seems like a crazy thing to do.  I will ask my conveyancer to find out this information regarding the other persons deeds 

I'd suspect it was done to accomodate planning permission parking requirements. The lease may state it has to remain as parking for the other property. 

Ditzy_Mitzy

Also something to consider: does the rogue garage have power and/or lighting?  If so, whose meter does it run off?  It's potentially another can of worms.  If it is 'your' meter then it will possibly require a service charge to be paid.  If it's not your meter then you'll have issues with a third party supply coming on to your freehold.  What if, for instance, the third party supply caused an electrical fire?  I'm not sure of the insurance implications of such an event.  
Think too, as anyone must in this sort of setup, of the worst case scenario.  Does any part of 'your' house extend over the rogue garage.  What does the neighbour with the right of access do with it?  Would you be able to tolerate him/her keeping, say, a Subaru Impreza with a straight-through exhaust in there and driving the car in and out at odd hours.  Some people do DIY type hobbies in garages.  Others might go in them and play the bagpipes.  There's nowt as queer as folk, as the saying goes.  

maisie_cat

I know it isn't the same, but many years ago I rented a similar type property and the noise travelling from the "other" garage when "work" was being done was intolerable. Of course we had no control over what somebody did in that garage below the living room. If it was me I'd walk away, too complicated, give me a simple freehold any day

theoretica

Also repairs and maintenance - who pays/decides?

mrschaucer

Norman_Castle said:

I'd suspect it was done to accomodate planning permission parking requirements. The lease may state it has to remain as parking for the other property. 

There is no lease.  That's the problem.

molerat

mrschaucer said:

Norman_Castle said:

I'd suspect it was done to accomodate planning permission parking requirements. The lease may state it has to remain as parking for the other property. 

There is no lease.  That's the problem.

So on what grounds does the other  person have the right to use it as op states it belongs to the property in question.

NameUnavailable

molerat said:

So on what grounds does the other  person have the right to use it as op states it belongs to the property in question.

This. If you own the freehold that's it. You can't have a freehold otherwise. If it's a flying freehold over the garages and the neighbours garage is on a lease that is a fairly common arrangement.

If the neighbour doesn't have a lease, what do they have that proves their right to use YOUR freehold garage?

Something is missing in the detail here.

AnotherJoe

I dont understand the attraction of living over someone else's garage with little or no control over where what flammable liquids may be in there, what noisy car may be in it, whether they may run  engine in the morning with fumes wafting up into the bedroom, tinkering with their car at all hours.

Terrible design encouraged by people who buy these type of properties.

nyermen

NameUnavailable said:

 This. If you own the freehold that's it. You can't have a freehold otherwise. If it's a flying freehold over the garages and the neighbours garage is on a lease that is a fairly common arrangement.

If the neighbour doesn't have a lease, what do they have that proves their right to use YOUR freehold garage?

Something is missing in the detail here. 

Plus presumably, if there is no lease, but there is something that gives the third party exclusive use (which is adhoc rather than statutory?  Sitting tenant?  Lifetime agreement?), then the freeholder may be liable for everything - insurance, repairs, utilities (as mentioned) etc?