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Help deciphering underlease

debhyp
Posts: 21 Forumite


Hi,
Can anyone help decipher this underlease? The building in question is made up of 5 flats, but one of the flats solely owns the garden and I am trying to figure out if the garden stone brick wall, falls under the responsibility of the "Reserved Property" (i.e the entire property) or "The Premises" (i.e the flat).
I am reading this as it's the Reserved Property that owns the boundary garden wall as it's not a main structural wall of the Property. But the garden is sole use and not shared with any other flat.
The Reserved Property
First all those parts of "x" forming part of the Property which are or may not be used in common by the owners of any two or more of the Flats SECONDLY the boundary walls and fences of "x" other than those constituted by the main structural wall of the Property and THIRDLY all those the main structural parts of the building forming part of the Property including the roofs foundations and external parts thereof (but not the glass of the windows of the Flats nor the interior faces of such of the external walls as bound by the flats.
The Premises
FIRST all that flat forming part of the Property and being one of the flats annexed TOGETHER with the garden delineated on the plan edged red together with main entrance door, celings and floors... a moiety (co-extensive with and contiguous to the said Flat) of internal division walls EXCEPT and RESERVING from the demise the soil beneath the Premises the main structural parts of the building which the said Flat forms part including the roof foundations and external parts thereof but not the glass of the windows nor the interior faces of such of the external walls as bound the said Flat.
Thanks In Advance.
Can anyone help decipher this underlease? The building in question is made up of 5 flats, but one of the flats solely owns the garden and I am trying to figure out if the garden stone brick wall, falls under the responsibility of the "Reserved Property" (i.e the entire property) or "The Premises" (i.e the flat).
I am reading this as it's the Reserved Property that owns the boundary garden wall as it's not a main structural wall of the Property. But the garden is sole use and not shared with any other flat.
The Reserved Property
First all those parts of "x" forming part of the Property which are or may not be used in common by the owners of any two or more of the Flats SECONDLY the boundary walls and fences of "x" other than those constituted by the main structural wall of the Property and THIRDLY all those the main structural parts of the building forming part of the Property including the roofs foundations and external parts thereof (but not the glass of the windows of the Flats nor the interior faces of such of the external walls as bound by the flats.
The Premises
FIRST all that flat forming part of the Property and being one of the flats annexed TOGETHER with the garden delineated on the plan edged red together with main entrance door, celings and floors... a moiety (co-extensive with and contiguous to the said Flat) of internal division walls EXCEPT and RESERVING from the demise the soil beneath the Premises the main structural parts of the building which the said Flat forms part including the roof foundations and external parts thereof but not the glass of the windows nor the interior faces of such of the external walls as bound the said Flat.
Thanks In Advance.
0
Comments
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Forgot to attach plan.
0 -
Is there anything saying the Premises exclude the Reserved Property?0
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No, wording is as is, as above. The other schedules just refer to standard rights of access, notice for alterations etc.0
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