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Nov, 2014

Saturday

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  1. #1

    Default Can I lock back gate?

    hey,
    i own a top floor flat in a converted house. there is only one flat below me. the garden is separated into two, our section being the part at the back (to access we walk through downstairs garden) we do have a gate at the bottom of our garden which lead to the alleyway.

    am i legally allowed to put a padlock on this back gate without letting the tenant below having a spare key? (he is a squatting tenant, not paying rent etc...)

    We want to up our security as it's not so safe at the moment and giving him a key isn't an option.

    can we get away with this? doe she have any rights to access the back gate?

    thanks...

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    1. You presumably have a long lease of your flat, as does the downstairs owner (X).
    2. This reply deals with X and his leasehold. That someone else occupies is irrelevant- he/she could never have more rights than X has.
    3. The leases will state what rights ("easements") benefit each leasehold.
    4. Does X have any easement from the alleyway through the gate and your garden? If not, does anyone else? Read your lease carefully.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3

    Default

    lease doesn't say anything about their rights, only mine to walk through their garden to access ours...

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by lauralowis View Post
    lease doesn't say anything about their rights, only mine to walk through their garden to access ours...
    1. Your leasehold is not subject to easements in X's favour.
    2. So X has no rights at all if
    a. there are no undemised external areas within the freehold; or
    b. X has no easements over the undemised areas.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5

    Default

    how do i find out whether or not they have access permission?

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by lauralowis View Post
    how do i find out whether or not they have access permission?
    Contact HMLR via LR Online and buy copies of:
    a. freehold reversion title entries;
    b. X's lease; and
    c. any other Deeds mentioned in those entries.

    You may need hard-copy form OC2 [items b and c]. HMLR suspects certain online applicants of using copies as basis for forgery of signatures.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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