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    • Mirerzzz
    • By Mirerzzz 13th Jan 18, 9:51 AM
    • 1Posts
    • 0Thanks
    Unilateral Notice
    • #1
    • 13th Jan 18, 9:51 AM
    Unilateral Notice 13th Jan 18 at 9:51 AM
    My mother died last year and we are trying to sell her flat... before she died she agreed with the neighbour upstairs (they were great friends) to do a deed of variation which would formalise him moving his staircase and he would relinquish his rights of way over her garden... (the garden has been fenced for 30 years and our title is silent on this). When she died he started to want to add more things into the Deed of Variation all to his advantage. He also was pushing (he started the morning after she died) to get us to change the flats to leasehold - they are all freehold at the moment (only 4 flats).

    The advice we were given was to market the flat and then if we got a buyer, then they could decide whether they wanted to buy it freehold and get the Deed of Variation done or buy it leasehold. We found a buyer, but in the meantime our neighbour lodged a Unilateral Notice B133 at the Land Registry about his stairs. We lost the buyers as they said they couldn't trust a neighbour who would do that (don't blame them).

    My question is... how do we get rid of the Unilateral Notice - we agree with him moving his stairs, so there is no problem there?

    He's still pushing and pushing for the leasehold, which we do agree with in principle, but he keeps moving the goalposts and we can't get a definitive cost out of his solicitor to do it!

    In the meantime, we can't put the flat on the market.

    Thank you for any suggestions...
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    • 00ec25
    • By 00ec25 13th Jan 18, 9:57 AM
    • 6,517 Posts
    • 6,078 Thanks
    • #2
    • 13th Jan 18, 9:57 AM
    • #2
    • 13th Jan 18, 9:57 AM
    take proper, paid for, legal advice
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