Buying neighbour's part of garden

Beachcoma · 18 July 2018 at 1:15PM

Hi

I live in a Victorian semi-detached that has been split into three maisonettes. The garden has been divided in two with the front of the garden demised to me and the back of the garden demised to the other two flats.

It's a slightly strange setup as my flat is at the back of the house which is accessed by the side gate on the driveway which leads to the garden. Therefore the right of access to the other flat's garden is through the side gate and down the side of my garden.

My neighbours don't look after their part and it is like a jungle behind the fence with waist high weeds and nettles. I'd be interested in purchasing their part of the garden but wasn't sure what process to follow.

My thoughts are I'd need to find out whether they rent or own their flats. If they own them then approach them to see if they'd be interested in selling and if they rent them find out who the owners are. We are all leaseholders too so I'd need to contact the freeholder. Is it ultimately the freeholders decision?

Any thoughts/comments would be appreciated.

spadoosh · 18 July 2018 at 1:28PM

Youll need the freeholder spermission. The lease will need to be redistrubuted fairly to represent the new level s of ownership.

Youll definitely need permission from the owner.

Theyll probably need permission from their lender.

Its easy to think that garden is neglected, ill take it off their hands, the reality is its a lot more complicated. And im guessing here but assuming you are seriously underestimating how much this might cost? For all intents and purposes its easier buying a new place to live with a garden you want already in place.

G_M · 18 July 2018 at 1:40PM

Who owns the freehold?
To take over ownership of the garden the leases would need varying which requires consent from the freeholder and all leaseholders involved.

and their respective mortgage lenders.

If one of the leaseholders rents their flat, the tenancy will include the garden, so either the tenant would also need to agree to have the garden removed from their tenancy, or the tenant evicted and a new tenancy created which excludes the garden.

An easier solution would be a private agreement between you and the other leaseholder to allow you to use his garden, either as a favour or for a modest annual rental.

Beachcoma · 18 July 2018 at 8:06PM

Thank you both for your replies. Unsurprisingly it is rather complicated! The freehold is owned by a third party that we all pay an annual service charge to.

I honestly hadn't a clue how much it would all cost, in my head I was thinking around £10,000 but who knows!

I am perfectly happy with my section of the garden, it is quite large with patio, a shed and I look after it. It just seems such a waste that their part of the garden (the garden is split halfway down with a fence with a door in it so they can access their garden) is a complete mess; you literally couldn't even step foot into it because of the nettles.

I was also thinking it would make it easier for me to extend if I owned all of the garden. Something which although I'm not desperate to do I would consider if I didn't want to move.

G_M · 18 July 2018 at 8:15PM

'extend'? As in build out? This too would require the consent of the freeholder, and inevitably a payment to them.

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Buying neighbour's part of garden

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