Buying Freehold of shared garden
3:25 PM, 5th February 2020, 6 years ago
3
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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
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Not getting too old for this!
Member Since July 2013 - Comments: 2002 - Articles: 21
4:31 PM, 5th February 2020, About 6 years 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.
Member Since February 2015 - Comments: 46
10:49 AM, 6th February 2020, About 6 years ago
Why not try to buy the freehold?
Member Since May 2016 - Comments: 116
2:23 PM, 6th February 2020, About 6 years 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?