Can communal land be sold and must I allow a bat roost survey?
9:22 AM, 7th January 2025, 1 year ago
7
Hi, I have owned two flats for 19 years, with tenants, and have been paying a maintenance charge to a company who takes care of all communal areas in this development.
A large area of this communal land has been put up for sale, with a proposal to build 12 flats, in order to raise funds for a bankrupted developer to pay debts.
My flats join this land and my questions are:
- Is this legal?
- Do I have to allow access to my flats in order for a preliminary bat roost survey to be carried out?
Thanks,
Julie
Tags:
bat roost survey, bat survey access, communal land development, communal land sale, legal land sale, property law questions, property maintenance charges, property rights, selling communal areas, Tenant rights
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Member Since January 2020 - Comments: 559
10:07 AM, 7th January 2025, About 1 year ago
To work out of it’s legal (in terms of your own position) you need to read your lease to make sure that your position is not being weakened.
I do not believe you have to provide access for someone else’s planning surveys.
Member Since October 2022 - Comments: 408
11:21 AM, 7th January 2025, About 1 year ago
As previous post, read your lease in particular with regard to access rights to your flats.
Also whether your lease is an Underlease indicating existence of a Superior Lease and a Head lease registered to the Common Area.
Also who holds the SL/HL interest and whether the land is held in trust.
Contact Leasehold Advisory Service details on internet
Member Since September 2024 - Comments: 4
8:57 PM, 7th January 2025, About 1 year ago
I always consult with Leasehold advisory . they are excellant..
I am wondering why you wouldnt want a bat surey. its not much trouble. and unless you want the development to go ahead then it would strengthen any arguments against the developmeent.
Member Since January 2025 - Comments: 2
1:36 PM, 12th January 2025, About 1 year ago
Reply to the comment left by Graham Bowcock at 07/01/2025 – 10:07
Thankyou. I don’t have a lease my properties are freehold.
All I can see in the paperwork when I bought them was that the communal land was transferred to the maintenance company.
Member Since January 2020 - Comments: 559
10:02 AM, 13th January 2025, About 1 year ago
Reply to the comment left by JulieM at 12/01/2025 – 13:36
If you are paying money Julie then there must be (or should be) some paperwork dealing with this. The parties need to understand their obligations and rights.
Member Since October 2022 - Comments: 408
11:54 AM, 13th January 2025, About 1 year ago
Contact HMLR with your address and those of your three flats and request copies of the Titles to the flats and also the title to the Common Areas.
Also you want copies of the leases to the flats for which there is a fee and also a copy of any documentation for the common area.
Look at Companies House register for the management company which must be incorporated to hold property assets.
Look for its memorandum and articles of incorporation and also share register when first incorporated and look for your name as shareholder in the freehold.
If you bought at auction you need to get back to the conveyancer with these documents
Member Since January 2025 - Comments: 2
1:35 PM, 13th January 2025, About 1 year ago
Reply to the comment left by Kizzie at 13/01/2025 – 11:54
Thankyou to both of you for your help.