Adverse possession of storage cupboard in block of flats?

[penguin]

We own a leasehold flat which we are shortly planning to rent out. On the ground floor of the block (we are on the first floor) there is a storage cupboard which for the past 20 years has been used exclusively by this flat. (The previous owner is willing to provide a declaration stating he used it for the first 10 years of that period.)

We would like to continue to use the storage cupboard for paints and building supplies, etc and possibly for use by our tenant. Is it worth applying to register the cupboard in our name or would this be more likely just to give the freeholder the opportunity to object to our use of it and give us notice to quit?

[jeffrey]

First, whose is the cupboard at present? Is it:
a. owned by freehold reversioner (F);
b. if so, is it free of any lease or easements;
c. if not, who is leaseholder of it (and, irrespective of that, which leaseholder has easements to use it)?

[penguin]

I've looked through our lease and there is no reference to the cupboard (or to another cupboard in the block or to the outbuildings). So I'm not sure if it's owned by anybody. Would I need to see the freehold documents to be sure (and if so how do I get hold of them?)

[Poppy]

So I'm not sure if it's owned by anybody.

Of course if belongs to somebody - it's on the freeholder's land at the very least.

Is the cupboard located in a communal area?

Have you simply tried asking the freeholder to use the cupboard on an informal basis until permission is withdrawn?

[jeffrey]

I've looked through our lease and there is no reference to the cupboard (or to another cupboard in the block or to the outbuildings). So I'm not sure if it's owned by anybody. Would I need to see the freehold documents to be sure (and if so how do I get hold of them?)

Best way forwards, to start: send to HMLR a hard-copy search form SIM, with a detailed plan showning precise location of cupboard. There is no search fee (yes, really: it's free!)
Result will confirm exactly which registered titles (freehold, leasehold) include it. You can then obtain a copy of each (£3 per register, £3 per title plan).

[penguin]

Thank you very much for your replies -- that's very helpful and I'll start off with the Land Registry search as you've recommended.

I'm not keen to ask the freeholder to continue to let us use the cupboard as they might say no! The building has had a series of neglectful landlords over the past 10+ years -- just got a new one and not sure yet if it's going to be an improvement.

[Easy]

I know you used 'paints' as an example of what you would like to store in your cupboard, that may or may not be the case, however just to add, leases sometimes specify that 'paints, gas cylinders, inflamable liquids, etc' may not be kept on the premises. Check your lease. Just don't tell your landlord what you want to store.

[penguin]

Thank you, Easy, I hadn't thought of that!

[Poppy]

If your lease does contain such a clause do not breach it. Additionally you may be invalidating the buildings insurance.

[KTan41]

Aside from invalidating the buildings insurance, you may invalid your Lease in that you (and the previous possessor) may well have breached covenant without knowing it! This is because even if you make a successful AP application, the storage unit will be added as an accretion to your Lease. Now that creates a problem that 'Easy' highlighted where the Landlord can argue that given the storage unit has been judged to be an accretion to the Lease, then you have all allong been in breach of that Lease!

It can get really complicated.

you're using the storage unit without anyone questioning it.

Have you ever heard the expression ‘if it ain’t broke then don’t fix it’

[jeffrey]

Aside from invalidating the buildings insurance, you may invalid your Lease in that you (and the previous possessor) may well have breached covenant without knowing it! This is because even if you make a successful AP application, the storage unit will be added as an accretion to your Lease. Now that creates a problem that 'Easy' highlighted where the Landlord can argue that given the storage unit has been judged to be an accretion to the Lease, then you have all allong been in breach of that Lease!
Not quite. T cannot have committed a breach re a property (the room) not yet in lease.