Buying a freehold house but part of garden (15ft strip) is leased to council– anyone had experience?

newmember676

Hi all, I’m a first-time buyer and feeling quite nervous. I’m buying a freehold house, but I’ve discovered that a 15-foot strip at the very end of the back garden has actually been leased out to the council (so the council is the tenant).

Has anyone here had experience with this kind of setup?

• What complications or issues did you face later on?

• Did it affect the property’s value or make resale/remortgage harder?

• How common is this type of arrangement, or is it rare?

I’d really appreciate hearing your experiences and guidance before I move forward. I really need help and guidance, as I’m confused about the risks and future impact before I proceed. So please help me to understand this situation.....

flaneurs_lobster

newmember676 said:

Hi all, I’m a first-time buyer and feeling quite nervous. I’m buying a freehold house, but I’ve discovered that a 15-foot strip at the very end of the back garden has actually been leased out to the council (so the council is the tenant).

I don't suppose it matters but to what purpose has this land been let?

gwynlas

Is there a fence showing this division?

As above what is this strip used for?

newmember676

flaneurs_lobster. I have no idea why it was leased to the council in the first place. The lease is for 99 years, starting from 1975. As far as I can see, there are only two very large trees there.

user1977

It's the sort of complication which a mortgage lender won't like - they'll generally not expect there to be any tenants on site.

newmember676

gwynlas said:

Is there a fence showing this division?

As above what is this strip used for?

Thank you for your reply. I have no idea why it was leased to the council in the first place. The lease is for 99 years, starting from 1975. As far as I can see, there are only two very large trees there.

newmember676

gwynlas said:

Is there a fence showing this division?

As above what is this strip used for?

Thank you for your comment. No There is no fence showing the division. for you 2nd question, there are only two very large trees

newmember676

user1977 said:

It's the sort of complication which a mortgage lender won't like - they'll generally not expect there to be any tenants on site.

so what do you advise me? Thank you

user1977

newmember676 said:

user1977 said:

It's the sort of complication which a mortgage lender won't like - they'll generally not expect there to be any tenants on site.

so what do you advise me?

Talk to your solicitor about it.

mta999

Yes it's unusual and could affect in the future your ability to resell or the price you get

Probably a silly question but have you contacted the council and ask why there is a lease?

You need to know what is in the lease are there any restrictions for example or are they free to do what they want for example erect a sewage works.

Remember as lease holders they have the right to do what they want on that land unless specifically restricted in the lease

if your mortgage company does not like leases you could offer to sell that strip to the council

GrubbyGirl_2

I would expect my solicitor to get hold of the lease documents from the seller so he can advise you.  If the seller doesn't have them then he needs to get them from the council.