Demised gardens

Fuzzbrain

I need some advice re subdivision of garden area. There are 4 flats who share a common garden area. Three of the owners have requested a sub division to provide individual plots. The freehold is shared ownership. Can the majority over rule the one who opposes. The land is completely open and one resident is wanting a safe space as they have children.  The person objecting rents out their property so is not resident, and the tennant in the property never uses the garden. Any advice helpful. 

AdrianC

What does that person's current lease say about the garden?

princeofpounds

Fuzzbrain said:

Can the majority over rule the one who opposes.

Short answer is probably not. But it depends on how the leases are worded.

Basically, whilst the majority can decide on matters which are wholly within the freeholder's purview, any subdivision of this type is likely to require variation of all the leases. That cannot be done unilaterally and requires the consent of each leaseholder affected.

That assumes that the leaseholders are awarded some kind of rights to the shared garden area in the lease. In most well-drafted leases, they will be. But it's possible they are not, so that's why I say 'probably not'.

user1977

Fuzzbrain said:

The person objecting rents out their property so is not resident, and the tennant in the property never uses the garden. 

So what's their ideal scenario? Do they actually want the status quo if they're not even using the communal garden? Or would they be willing to sell their rights in order that the other flats can each have a third?

But in any event, you'll need to reach a consensus - in the meantime everybody is (probably) entitled to shared use of the entire garden.