Buying Freehold of shared garden

by Readers Question

15:25 PM, 5th February 2020
About 8 months ago

Buying Freehold of shared garden

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Buying Freehold of shared garden

Hi, we own the ground floor flat in a two flat Victorian house. We have a 900+ year lease.

The upstairs flat is let out and the property freehold belongs to the landlord.

We would like to buy the freehold of the garden or exclusive use by licence or contract if this possibility exists.

I am looking for a steer on what is possible and what I need to consider.

Best Regards

Brian



Comments

Ian Narbeth

16:31 PM, 5th February 2020
About 8 months ago

Get a copy of the upstairs flat lease from the Land registry and see what, if any rights, they are granted over the garden. Even if you buy the garden it will remain subject to those rights unless the upstairs owner agrees to give them up.

David Aneurin

10:49 AM, 6th February 2020
About 8 months ago

Why not try to buy the freehold?

Question Everything

14:23 PM, 6th February 2020
About 8 months ago

If anyone has any views on this I would also appreciate it. I have a garden that I would like to 'purchase' for my LH flat, that i am a share of FH, and also have 4/7 of the FH share. There are no rights on the LHs to access etc, I would greedily like to claim it for myself as I conducted the FH acquisition for the Lessees and as you can see put up the funds to buy the shares that could not. I do know I will have resistance from one Lessee ( & share FHolder). Is it a matter of valuation survey to attain a value?


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