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My freehold front garden was disbuted as amenity area
XLU
Posts: 7 Forumite
Dear Sir/Madam, I wonder whether you can help me on this issue. My husband and I bought our leasehold house in Birmingham in 2010 and changed it to freehold in 2012. However an agent LSH claimed part of my front garden(within my deed) is their communal area. They used to come to trim the hedge but for the last six years they did nothing and the hedge has now left to grow upto five meters high. I would like to resolve our dipute with LSH about the ownership of this piece of land. Could you please help me on this matter. Thank you very much in advance. Rigards, Mrs XLU
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Who are LSH?No reliance should be placed on the above! Absolutely none, do you hear?0
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I'm guessing Lambert Smith Hampton.
You have the deeds and the freehold so you can tell them to get off your land. Why did you let them touch the hedge if it's on your property??
Do you have home insurance with legal protection?Nothing is foolproof to a talented fool.1 -
Yes, I have home insurance with legal assistance.
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But one person in charge in LSH said that they have been working on the land as amenity area over more than twenty years. I suppose because it was leasehold before? We sent our deed to him but he was just ignorant our right and insist it's their communal area.0
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If you have the title plan and register that depicts and describes it as your freehold land; and the leases for 'other' properties don't have it as a shared space, it is yours and yours alone.XLU said:But one person in charge in LSH said that they have been working on the land as amenity area over more than twenty years. I suppose because it was leasehold before? We sent our deed to him but he was just ignorant our right and insist it's their communal area.You've provided them with your proof, where is theirs?They can't claim any ownership of it just because they've cut the hedge.Everything that is supposed to be in heaven is already here on earth.
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Thanks @Doozergirl. Yes we sent our deed to him and he sent us a communal area plan, in which the land in dispute is drawn in their communal area. I was told that it was original plan and drawed up to ~40 years ago when the house was built.0
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What's going to happen about the hedge? 5 meters is a bit high.
I don't think that you can have it both ways, ie "It's my land so other people can't come on it, but please can you come and cut my hedge for me. "
It's possible that you own the land, but other people do have a right to access it.No reliance should be placed on the above! Absolutely none, do you hear?1 -
The only plan which matters is the one held by the Land Registry which can be downloaded for £3. What does that say?
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do
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As GDB points out, there's a chance that you do own the land, but the other properties have a right to access it. So also check the deeds of some of the other houses within this 'communal' area - see what it says about this piece. What rights - if any - do they have over it?
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This is the 1st time we saw this communal area plan. I am not sure why there was overlapping in our deed and in their communal area plan?0
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