On one lease, the freeholders of the garden and the flat are different

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    On one lease, the freeholders of the garden and the flat are different

    I have a lease of a flat which includes a garden area.
    unusually, against the one lease there are separate freeholders recorded for the flat and the garden.
    will this affect my ability to extend the lease (of both)?

    Are you in a house converted into 2 flats and the garden area freehold belongs to the original freeholder of the block but the freehold for the land under the building was sold to another company ??


      Thanks for your interest. The building is two purpose built maisonette flats leased separately since they were constructed, each with their own marked/fenced garden area. At one time, one of the maisonette owners was sold, by the property company which owned the whole estate, the whole building including the garden for that maisonette. (There have been further sales since), For some reason, the garden of the maisonette which did not buy the freehold was not included in the freehold transfer.


        Leaseholders of flats have a legal right to seek a statutory 90 years lease extension after 2 years from purchase of the flat and you can download a free guide from LEASE ( www.lease-advice.org. )

        I don't know if a garden area belonging to another freeholder can be extended together with the flat but you can ask the legal advisor at LEASE.


          If a lease was granted with one landlord leasing one part and another the rest, there is still only be one tenancy. The legislation provides that any new lease must be on the same terms as the exisiting lease and so the garden will have to be included.


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