My rights as half owner of freehold

user1977

mexicano54 said:

All the lease shows is the outline, in blue, of the 2 flats, plus mine also has the back garden and the hallway entry, which has right of way for the people upstairs.
The lease diagram doesn’t show the loft or the roof.

There must be some words about the description too, not just the plans.

mexicano54

This is what I found on the original lease. The crossed out part is the top floor flat. I hope that it is legible.

user1977

And the bit just before that?

mexicano54

It's just the address of the property, which I don't want to show

eddddy

What does the lease say about freeholder/lessor responsibilities? i.e. What does the freeholder covenant to do?


To be honest, it's now sounding like the kind of maisonette lease where...

• You own the bottom half of the building - including the foundations
• Your upstairs neighbour owns the top half of the building - including the loft and the roof

(So if the roof needs repairs, your upstairs neighbour has to get it repaired, and you have to pay your neighbour 50% of the cost.)

A freeholder/lessor tends to have very little or zero rights and responsibilities in that type of lease.

What does the lease say about alterations to the building?

mexicano54

We have always shared the costs of any alterations to the outside of the house, i.e. roof repairs, guttering (repairs,cleaning) and the drain. We've each painted our own window sills and even replaced the double glazing ourselves. 

We put both freeholds into an enfranchisement company that we jointly own. We each have the leasehold on each of our flats and share the company that owns the freehold. 

I think that I'll wait until whomever buys the flat and see what they intend to do to the place, probably nothing, except redecorate and buy new carpets. Maybe I'm worrying for nothing

Thanks for all the info you have provided and advised.

saajan_12

mexicano54 said:

We have always shared the costs of any alterations to the outside of the house, i.e. roof repairs, guttering (repairs,cleaning) and the drain. We've each painted our own window sills and even replaced the double glazing ourselves. 

We put both freeholds into an enfranchisement company that we jointly own. We each have the leasehold on each of our flats and share the company that owns the freehold. 

I think that I'll wait until whomever buys the flat and see what they intend to do to the place, probably nothing, except redecorate and buy new carpets. Maybe I'm worrying for nothing

Thanks for all the info you have provided and advised.

Past activity wouldn't necessarily change what rights the upstairs owner has, and a new buyer may stick to the leases more. If major roof works would be a significant issue for you, I'd find out with a lawyer just to interpret the lease if needed and then make this clear to the EA and any viewer that comes. 
It'll be a much easier fight if its with someone with multiple buyers to choose from and can pick whoever isn't relying on a loft extension, than with someone who solely bought expecting to extend up.