Water tank as trespass in attic

samizdat

The freeholder of the building in which I own a long-leasehold flat has written to me to say that a water tank that supplies my flat is situated in the attic of the building and therefore constitutes a trespass on his property. He is threatening to remove it at my expense. If this happens, I will have to revise my entire heating and hot water arrangements and possibly ask for a new mains supply from the local water company because I believe the current supply to be inadequate for an unvented system.

The tank was put there before I bought the flat and I was not told of any issue prior to purchase by either my solicitor or my surveyor. I bought the flat over four years ago. There are other tanks in the roof space that look as if they have been there for many years. What are my options? I am very worried and don't have the money to pay for all this.

TheDink

Contact your local citizen's advice bureau. It sounds like this could be an easement relating to a right to water supply. However, I presume the water tank was originally fitted with the permission of the owner of the property at the time, and if permission was expressly granted, there cannot be a legal easement. Your best bet would be to check your position with someone who has appropriate legal knowledge and CAB is definitely a starting point.

cattie

These are probably the best people to contact for help & advice, it's a government funded agency & a useful & valuable resource for info & help on many issues connected to owning leasehold property. http://www.lease-advice.org/newintro.htm

samizdat

Thanks for these suggestions. I have been searching Lease Advice for legal precedents but I had missed the fact that one can just ring them up.

pinkshoes

Who do the other water tanks belong to? Have you spoken to other leaseholders if they've had the same letter?

Maybe the freehold has been taken over by someone else who is trying to be greedy?!

SquatNow

Agreed, sound like a freeholder trying to squeeze as much money out of the leaseholders as possible. Mostly just trying it at on a guess.

cherry_blossom_6

Check if you have legal cover on your house insurance (most of them do nowadays). If so then pass it onto them.

samizdat

Thanks for the replies. It's the same old freeholder who has been largely absent for the last ten years (since before my time). There are so many covenants that he has breached that this may just be his way of trying to position himself for a legal fight if it comes to it.

I'm sure the leaseholders have the upper hand in this case in principle, it's just the cost of vindicating our rights that is worrying me.

Interesting suggestion on the insurance point but I have a feeling I unchecked that box when buying contents cover and, knowing insurers, I'd be amazed if I would have a good claims experience on this anyway.

geo555

Would this not be covered by your "Ground rent"?

danthemoneysavingman

if other freeholders are also having such a problem, you could attempt to mandatorily purchase the freehold, thus putting a stop to such nonsense. Agreed I have no idea how many flats are in your building (2/3 agreement required) nor whether anyone has the money to purchase the freehold. The freeholder could not block this however, as long as sufficient leaseholders agree to join the purchase.
Dunno if this is helpful.
Once the freehold is under this process, all demands by the freeholder are put on hold i believe. Seemed to be the way when I went through this.
But that was a good while ago.

Badger_Lady

Sounds to me like maybe he's spied an opportunity in the attic, possibly thinking he can convert it into another saleable property..? By threatening all the flat owners, he can get the water tanks relocated without spending a penny.

So he thinks!!!