Shared Freehold - LGF Flat Leasehold owner (incl garden and off street parking)

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  • Shared Freehold - LGF Flat Leasehold owner (incl garden and off street parking)

    Hi All, Hope this is the right place to post this query. We live in the Lower ground floor flat of a three storey terraced building that we share the freehold for and own the leasehold for the LGF Flat and rear garden with off street parking (which we have always considered to develop as it has been undertaken on the majority of the properties along our street). We have a covenant in the freehold that stated that we are to provide access to the rear of the property for the flats above for maintenance and cleaning.

    We have obtained planning permission to build a mews house at the bottom of the garden (new property will still provide access to the rear of the original property and be our main access). The flat above us has gotten a Valuation Survey conducted at our expense which has stated that we need to pay the other Freehold owners 50K..... The surveyor has stated that the Stokes V Cambridge convention applies here. Any thoughts will be greatly appreciated.

  • #2
    The land at the bottom of the garden belongs to the "freeholder" so you have to pay the other 2 joint freeholders for purchasing the land site . You should check if your local council requires any development contribution.


    • #3
      PAs above,
      Remember, your flat and garden are "Leased", and leased from the freeholder.

      The freeholder comprises 3 leaseholders.
      You 3 "OWN" the building and land collectively.

      You cannot just steal that land to make a vast profit for yourself.
      The rear garden and flat, although demised to you, is leased to you, and not yours to do with as you please.

      If you wish to make a profit by building a house on the 3 owners property, then those other 2 must share in your profit, which is usually 50%, so we assume the house would be worth £100,000 to £ 150,000.

      You must also get their permission to do so.

      Planning permission does not over ride the lease nor the freehold entitlement.


      • #4
        Whilst planning permission doesn't override, in submitting the planning application you have to sign a statement that you have notified the freeholder of the application, so, if they didn't object to the application, there is a good chance that they will give consent, although they will still probably want their cut.


        • #5
          Agreed. You have to share the spoils with the other two leaseholders as you are joint freehold owners of the land.


          • #6
            And who issues the Lease for the new house ?

            As you can't really remove land from the current shared boundary foot print, and have it totally exclusive and independent from the rest of the property on a single freehold plot ?. ( Well , you can, but it's involved and messy for the 3 freeholders )

            If you do succeed in removing the driveway to the house and the legal footprint of the new house from current land registry, then clear boundaries, walls or fences should be erected.
            You also need clear cut deeds as to how that new house is maintained, how the access drive is maintained that runs down the side of current building, and if current 3 leaseholders have rights of access "to pass and re-pass, with or without motor vehicles"
            And if 4 people pass over the new / amended drive, then all 4 must maintain it.

            Will the new drains tap into existing drainage underground that the current 3 pay to maintain and dig up and replace when required. If so, legal documentation to pay for that maintenance too is required.

            You need to employ a solicitor to iron out all these, and more.

            If current remaining freeholders refuse you permission, then you have not got 100% of freeholder permission to proceed.


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