Absolute title for the garden dilemma

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    Absolute title for the garden dilemma


    I have a dilemma and would really like some advice please.

    I’m the leaseholder of a ground floor flat. The first floor flat is rented out at the leaseholder and freeholder passed away some time ago and they asked me if I wanted to purchase upstairs. I said yes but not with the current tenant in situ

    To cut a long story short, the tenant still haven’t left and it has been over a year and a half. The agents didn’t serve her properly etc etc. So it’s going to be a while before she leaves.

    I have a good relationship with executor and we have gone back and forth regarding other property issues as well as the tenant.

    The flat has a garden and I’m the only one who has maintained it since I’ve lived here. I’ve been here over 12 years.

    When I say the garden was a state, you couldn’t even get into the garden.

    Every year I would get it to a decent level and then it would grown back so last year I decided to spend money and get it completely redone. I had a new fence put up, paving, lawn etc. Now there’s a large section of the garden at the back that I was going to leave because it has trees and all sorts. I was going to just fence it off. But then I decided to get it done. I had it cleared, levelled etc.

    Now when I checked the land registry, I came to realise that the back bit is owned by the flat upstairs.

    I wish to apply for a title absolute for the land. I was going to hold off because I was buying the flat upstairs. I still hope to but with so much uncertainty with it at the moment, I feel I should go ahead and apply for the title absolute.

    Can I please ask for opinions? Is it wise to? Should I give the executor the heads up seeing as we are in regular contact?

    Id be more concerned about the beneficiaries to the estate wanting a quick sale of upstairs to be honest - that's your priority I'd have thought.

    They might throw it to auction or just with an agent complete with tenant in situ.

    Agree the purchase, then when it's with conveyancers you can get the garden legalities tidied up to suit.
    My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol


      As the leaseholder of the ground floor flat, you have entered property that was included in the lease for the upstairs flat.

      If you retain possession of that area of registered land for a great many years you will never be able to claim ownership of the freehold title, so what did you mean when you posted this sentence.
      I wish to apply for a title absolute for the land.
      Did you mean that you wish to apply to be registered as owner of a possessory title, or did you intend to claim that this land should be added to your current leasehold title?


        Sorry yes I meant a possessory title


          I am not clear of the basis you believe you will able to claim title to land demised to the upstairs leaseholder.


            Originally posted by vmart View Post
            I am not clear of the basis you believe you will able to claim title to land demised to the upstairs leaseholder.
            Adverse possession


              I think I will just leave it and concentrate on the purchase


                I think your decision is very wise.


                  You may want to give some thought to the garden situation just in case you do not acquire the flat upstairs.


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