Leasehold packs show conflicting information

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    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

    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.


      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


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