Sale of communal parts approval process?

by Readers Question

9:36 AM, 23rd November 2016
About 2 years ago

Sale of communal parts approval process?

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Sale of communal parts approval process?

I am a leaseholder of a property with a share of the freehold whereby a number of the leaseholders(& share of freeholder) wish to purchase certain sections of the communal parts – eg. basement vaults & well areas and the top flat wants to buy the roof void. Please can you let me know on what basis approval can be granted:communal property
a) majority vote of shareholders in EGM even though a minority object: or
b) all leaseholders need to agree or else it cannot be approved because of the unique relationship of each leaseholder with the freeholder under the terms of their individual leases because the communal parts will change.

Please note, the lease states ” Full right and liberty for the Lessee and all persons authorised by him (in common with the Lessor and all other persons who may have or hereafter have a like right) at all times by day or by night and for all purposes in connection with the use of the Flat to pass and repass through and along and over the Common Parts of the Building”
“The right of access over the forecourt of the Building to gain access to the Building the Flat the dustbin storage areas and meter cupboards located therein (if any)”

A solicitor mentioned to me that a QC had said on another case that all lessees need to approve and not just a majority of shareholders. Note that the vaults and well areas hold the electric meters and the vaults probably used to house the bins before the big black council bins in the road were used instead (there is nowhere else to store the bins than in the vault or well) or any bicycles as it is a mid terrance London building.

Appreciate any help

Natalie



Comments

Neil Patterson

9:39 AM, 23rd November 2016
About 2 years ago

Hi Natalie,

I don't mind admitting this is way above my head and very specific especially as you already have a solicitor involved.

Hopefully someone else may have been through something similar, but my stock recommendation is to contact the Leasehold advisory service. Please see >> https://www.lease-advice.org/


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