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Apr, 2017

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  1. #1

    Default Share of freehold - exclusive use of part of garden

    Hi,

    First post here so hope it’s in the right place

    I’m one of three flat owners in a building of which we own the freehold (share of). I’m on the ground floor and the other two flats are on the 1st floor.

    We have a large garden which backs on to my flat which is of course shared. However, down the side of our kitchen there is a section that is ‘considered’ ours (for 10ish years) by the other two owners and we treat it as such. It’s a narrow triangle shaped bit of concrete (between our side of the house and next door) that leads from our kitchen side door to the main garden at the back – normal access to the garden is down the other side of the house. We maintain it ourselves and have plants, etc and a storage box thing for bikes, etc.

    Its great having it but I worry that if either of the other two owners ever move then there could potentially be issues with the new owners. Assuming the current owners are happy to do it, how could I get this bit of land signed over to our flat? i.e. so that its use is exclusive to us up to an agreed boundary? Would anybody have a rough guess at what the cost involved would be?

    Thanks for all your advice in advance

  2. #2
    Join Date
    Aug 2010
    Posts
    2,546

    Default

    Why would they want to do that? Unless by "cost involved" you mean paying them compensation for their loss, not just legal fees.

    I suppose they might be idiots.....

    The rules of adverse possession won't apply here.

  3. #3
    Join Date
    Jun 2008
    Location
    oop north
    Posts
    7,555

    Default

    You have 2 choices.

    1) To get it signed over to you and add it to your lease.
    Request to purchase the rights to use this common triangle, offer the freeholder ( which is basically the 3 of you ) £ 1500 ( £ 750 each ) or what ever the other two decide on, to add this to your "demise", and you pay to change all the leases that show show the common parts on the plans, and yours to add within your lease.
    This is done by a Deed of variation. You never change the original wording of the lease, you add a page or two via a few pieces of paper ( Deed of variation )

    2) Do nothing and hope new owners wont even look at the lease ( ours never have in 20 years, and 10 owner changes ), and live happily ever after.

    You now know that if anyone demands you stop using the triangle, you can offer to add it to your lease.
    The other can two agree, or can refuse of course.

    EDIT ............
    Technically, and legally, you don't have a share in the freehold.
    You have shares in the company that owns the freehold.
    But we know what you mean.

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