Flat Over Garages/Coachouse Legal Question

williamenicholls

I want to buy one of these homes. I understand that I will own the whole structure with the two garages underneath on long leases to others. Question is - who owns the actual garage doors? I am thinking of painting all the windows/doors. Obviously I don't want two out three garage doors unpainted. If for some reason the neighbours who lease the garages don't like the idea... Who wins?

Alderbank

Some people don't like flying freeholds. They can be problematic.

Are the doors permanent fixtures (screwed hinges etc.) to the openings? If so (usually the case) they are part of the structure and belong to the freeholder, even if someone else paid for them originally.

What do the various leases say about maintenance and repair, both your lease from the freeholder and your sub-leases with your tenants?

Section62

williamenicholls said:

I want to buy one of these homes. I understand that I will own the whole structure with the two garages underneath on long leases to others. Question is - who owns the actual garage doors? I am thinking of painting all the windows/doors. Obviously I don't want two out three garage doors unpainted. If for some reason the neighbours who lease the garages don't like the idea... Who wins?

You also need to check covenants and the planning consent - there may be restrictions on changing the appearance of the doors (and windows).

RelievedSheff

You would need to check the legal documents as to who owns what and what is allowed to be done to the exterior of the building.

eddddy

williamenicholls said:

I want to buy one of these homes. I understand that I will own the whole structure with the two garages underneath on long leases to others. Question is - who owns the actual garage doors? I am thinking of painting all the windows/doors. Obviously I don't want two out three garage doors unpainted. If for some reason the neighbours who lease the garages don't like the idea... Who wins?

You would be leasing the garages to your neighbours. The lease documents will say who is responsible for painting the garage doors.

The kind of thing the leases might say is "The freeholder/landlord (i.e. you) will repaint the garage doors with white paint, every 5 years. The leaseholders/tenants (i.e. the neighbours) must reimburse you the cost of painting their door".

If that were the case, for example, and the doors were only painted 3 years ago - the neighbours might refuse to reimburse you.


But whatever the leases say, if you offered to repaint the doors 'for free', I can't see why anyone would object.