Freeholder giving away, for free, part of the garden, to a leaseholder.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    The spaces are not being moved. A non-demised, additional licence is being given for adjacent space.

    Comment


      #17
      17 month delay in replying. There are no licences have been given, I know this for a fact., and no lease amendments have taken place.
      Also the demised parking spaces are clearly shown on every flat lease for last 40 years.
      The "new spaces" are demised to the flat owners, as far as the Directors and leaseholders are concerned, without changing the lease via Deed of variation.
      The directors always refuse to modify the lease if needed, so they don't have to fork out for solicitors, or revised plans.

      We could fit 3 cars ( one flat ; One parking space ) along the front wall with space at one end near the entrance to allow easy access as one has to turn right when entering.


      Number of cars able to park has now doubled, made by stealing part of the common driveway, and part of the garden at the other end, with slight inconvenience turning right if the tenant ( renter ) has a large car.
      The front garden was one large car length from the wall, but now they have removed half of that small garden area as well, which is common ground also.

      As I said, can they give away parts of the common use driveway and small front grass area, when I objected to this alteration.
      I thought all leaseholders had to agree to give away common ground and garden to leaseholders and to be sold to the leaseholders, and that leases had to be changed to reflect the changes.

      Comment


        #18
        I think it is all those twho have an easement allowing them to use it, which is not necessarily the same as all the leaseholders.

        If you have an easement over the garden, you could set up your deck chair in a place where the easement allows that, but doesn't allow motor vehicles, and do so at a time when trespass is likely.

        Unfortunately, cars are so important to people these days, that I imagine there is a lot of pressure to sacrifice green space to car parking. That's what has happened generally to front gardens, in London. As noted in the Parliament thread, leaseholder run companies and the law tend to be strangers.

        If you haven't done so already, you should obtain the original planning conditions from the council, and see if they have been breached. In theory you have ten years for condition breaches.

        Comment


          #19
          Dear Leaseholder64

          Earlier in this thread you wrote:

          "If it is demised to you, they cannot re-allocate it unilaterally, but if there is only an easement, the exact terms of that easement may matter, e.g. the easement in the other case lapsed when the land ceased to be a garden, and, from the point of view of the lease, I believe the freeholder didn't need permission to convert it to a car park, even though that is not what actual happened in that case."

          Could you please signpost me to the case you mentioned.

          Comment


            #20
            That would mean trawling very old postings to work out what the original context was. You have more incentive to do that than I do. I do seem to be remember it was by someone who raised large numbers of threads on it, but I can't remember who that was.

            Comment


              #21
              Dear Leaseholder64
              Thank you for your reply. I just thought you might remember the case.

              Comment


                #22

                if you look at the freehold title and title plan - downloadable from the land registry web site if the title plan shows little boxes with numbers in them then it is demised and cannot be altered or varied without the lessees consent

                If the area is not specifically demised the freeholder can reduce or take away areas of ground which lessees have right if way over but not so access and egress is restricted and may we’ll face a claim for damages for the degrogation of such rights.

                Invariably when a block block is further developed at some stage some area where lessee have rights of way this can be compromised and a development cannot be blocked because a small area of common ground. of say a few square meters is lost

                Comment


                  #23
                  Originally posted by sgclacy View Post
                  if you look at the freehold title and title plan - downloadable from the land registry web site if the title plan shows little boxes with numbers in them then it is demised and cannot be altered or varied without the lessees consent
                  In post 3, 7 & 9 i state parking spaces are demised. - But no one was listening
                  And of course i have the estate plan showing 3 of the spaces in question as demised, and numbered, but prior to the changes, which are not being recorded,

                  Where as 3 cars parked in their respective places, according to the original plans, the area now used can squeeze in 6 cars. Therefore the common ground of the drive has been "Given" to leaseholders for free.
                  The small front garden ( along the front wall ) is the width of 6 cars, and small garden reduced by half, so cars have moved three quarters forward as well.

                  I did not give my consent to give away for free any common ground.

                  Thanks sgclacy

                  Comment


                    #24
                    Common land is not jointly owned, so your consent is not needed. This is about easements. You have easements to use the common land in certain ways. If those easements are being frustrated, you may have a right to compensation or to a limited level of direct action (you may be able to physically move obstructing vehicles just sufficiently to allow you to drive past).

                    Demised parking spaces are different, but you issue appears to be with the driveway.

                    Comment

                    Latest Activity

                    Collapse

                    • Upstairs neighbour using my flat roof for informal roof terrace
                      flatA
                      When I bought my flat some years ago (terraced house divided into 3 flats, leasehold owners of the 3 flats own the freehold), upstairs neighbour had an informal roof terrace on a flat roof that is part of my lease. This does not cause us any problems and I was understanding as had moved from a flat...
                      16-09-2019, 22:21 PM
                    • Breach of lease : Neighbours barking dog
                      Tw1982
                      Hi,

                      Thanks in advance for your time. Im a long leaseholder living in london, and have been living in the same flat for 8 years now. The building is an old victorian conversion with four flats in the building and a basement flat with a garden.

                      We have recently had new short-hold...
                      12-09-2019, 23:50 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      eagle2
                      What would you say if there was a baby crying all night and disturbing your sleep? Would you insist on the baby being removed?
                      16-09-2019, 21:14 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      eagle2
                      The freeholder is likely to insist on using its own solicitor,

                      You would have no control over the case, the solicitor could advise the freeholder to discontinue the claim or settle the claim whereby each party bears its own costs ie you would not recover any of your costs....
                      16-09-2019, 21:12 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      eagle2
                      Whether or not the freeholder can ask you to pay for the costs depends on the wording of your lease.

                      Neither you nor your solicitor nor the freeholder for that matter can insist on the "full removal of the nuisance animal"....
                      16-09-2019, 21:06 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      leaseholder64
                      As I said, clauses allowing costs to be recovered from the leaseholder in breach are controversial, and they will need advice from the solicitor as to how much of the costs are going to be recoverable....
                      16-09-2019, 20:54 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      Tw1982
                      Im getting my GP report this week to help with the case that this dog is causing me severe stress... Not sure how much weight that will carry with a solicitor when determining nuisance?

                      Also seeing a psychologist for a talking session to deal with it, as Im still hearing barking in my dreams...
                      16-09-2019, 20:49 PM
                    • Reply to Breach of lease : Neighbours barking dog
                      Tw1982
                      My position now is that Im searching for solicitors for this. My worry is the managing agent / freeholder will want to use their own solicitor.

                      Its interesting - I asked them yesterday whether, if their solicitors opinion is that it is nuisance, if theyll recover the full costs from the...
                      16-09-2019, 20:45 PM
                    • Over occupation?
                      jbolo
                      Landlord above me has let a one bed to a couple. They moved in with a kid a a third relative sleeps in living room. According to the law based on rooms 2 rooms max 3 people, the kid over 1 under 9 counts as .5 so technically over crowding. However room measurements say something different. Rooms...
                      16-09-2019, 18:41 PM
                    • Reply to Over occupation?
                      leaseholder64
                      The lower of the two figures counts, so the flat does sound to be criminally overcrowded, in which case, both landlord and tenant are committing offences. However, can you confirm that the child was at least one year old when the family moved in, as the council can, and almost certainly will, give...
                      16-09-2019, 20:42 PM
                    Working...
                    X