Leasehold packs show conflicting information

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

    Leasehold packs show conflicting information

    Hi all. After much back and forth with lawyers and EAs - hoping the folks on here can help.
    I recently made an offer on a flat and hoping to exchange soon. Flat is on the first floor of a converted Victorian with only one other flat in the property. I have a fixed area of the garden at the back which looks to be 50% of the total garden in my lease pack. However the lease of the ground floor flat looks like they have 60% of the area
    My question - what legal recourse do I have to establish the area of the garden? Price I offered is competitive for a 50% share
    ​​​​​​

    #2
    Leasehold title for a flat is only held under a lease which is a long term rental agreement.

    You have offered to buy the rights of the Lease ( for the flat ) and the site plan for the leasehold title ( at Land Registry ) will show you the demised area under the lease of the flat.

    Your conveyancing solicitor can ask sellers solicitor if use of 50% of the garden is included in the title.

    If not, you can withdraw from the sale.

    Comment


      #3
      Hi Gordon999! Thanks so much for the response. I checked the site plan also in the land registry and again it shows ~50% of the garden is demised to the lease of my flat. However the sellers haven't made use of the garden for 3-4 years. As a result, it seems that the ground floor flat occupiers are using more than their 50% share. What I wanted to know is what legal recourse is available to me should the ground floor occupiers prove problematic given that the leasehold packs are a bit contradictory on the size of the garden. Will the land registry title supersede this?

      Sellers don't even have the keys to the garden even though I legally would have right of access based on the leasehold plan as I need to cross the neighbors part of the garden to get to mine hence my concern

      Comment

      Latest Activity

      Collapse

      • Lord Best report
        michelle230
        For anyone interested -

        Chapter 6 focus on Leasehold..

        https://www.gov.uk/government/public...g-group-report
        18-07-2019, 12:46 PM
      • Reply to Lord Best report
        eagle2
        ARMA estimate that £1.3 billion of unprotected client money is held by managing agents. So what is proposed? It is suggested that the Government considers making sinking funds mandatory in both existing and new leases, which is likely to add to the figure.

        It is also suggested that the...
        21-07-2019, 12:12 PM
      • Reply to Lord Best report
        eagle2
        This has fudge written all over it.

        Suppose that all agents declare an average 5% commission, I can imagine the Government and the new regulator claiming then that they have successfully reduced the rates of commission and acted in the best interests of all leaseholders, even though they...
        21-07-2019, 11:47 AM
      • Reply to Lord Best report
        eagle2
        The new regulator is supposed to be self financing, at least after the start up period, which probably means that the leaseholders will pay for the cost one way or another....
        21-07-2019, 11:29 AM
      • Reply to Lord Best report
        leaseholder64
        Carrying out spot checks would require an increase in tax payer spend. No Conservative government is going to sanction that.

        (As I said elsewhere, I think the country has reached a point where respect for the law is in terminal decline, as a result of not funding pro-active enforcement,...
        21-07-2019, 11:13 AM
      • Reply to Lord Best report
        eagle2
        I accept that transparency is better than nothing but can anyone explain how it assists a leaseholder if an agent declares that he receives say 5% commission on an insurance policy? A leaseholder is unlikely to be able to prove that the disclosure is incorrect. To have any meaning at all, someone should...
        21-07-2019, 11:04 AM
      • does solicitor no longer work for you after completion?
        TruthLedger
        Hello guys

        After asking a question today to my solicitor, I received this response below

        Our instructions are now concluded in respect of the conveyancing and there is no further correspondence for us to forward to you apart from the completed HMLR registration which will be...
        19-07-2019, 13:00 PM
      • Reply to does solicitor no longer work for you after completion?
        eagle2
        I suspect that this is connected with your comments on one of your other threads regarding the service charge deficit.

        Your solicitor appears to be saying that he has collected the service charge deficit from the vendor on this occasion but if the freeholder raises any further charges which...
        21-07-2019, 07:21 AM
      • Secret commissions
        Stacker
        The issue of freeholders and managing agents fiddling insurance commissions at leaseholders’ expense was raised in the Times earlier this month.

        Sir Peter, 74, said that secret commissions were part of a broader pattern of mistreatment of leaseholders. “Those receiving cowboy commissions...
        18-07-2019, 20:27 PM
      • Reply to Secret commissions
        eagle2
        Transparency and accountability is only part of the issue. Proving that all commissions have been declared is another matter. Proving that 3rd parties are connected with the freeholders and agents is another matter.

        Insurance only scratches the surface, what about all the other expenditure...
        21-07-2019, 06:03 AM
      Working...
      X