Adding the garden to a lease

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    Adding the garden to a lease

    I am currently the sole freeholder of a Victorian conversion comprising two units. I am also the leaseholder for the ground floor flat. The ground floor flat has access to the garden. The upper flat has no access and doesn't have a share of freehold. I would like to put the garden onto the lease of the ground floor flat to make it easier to sell in the future. Would this be straightforward and is there anything that might stop me doing this or that I need to consider?

    #2
    Only issue I can see is if you have a mortgage on the flat , then you will need consent to vary your lease. As long as the garden isn't demised to upstairs you can do what you like. IMHO.

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      #3
      What would concern me here is why it wasn't in the original demise.

      What do you man by "has access"?

      Comment


        #4
        It's a garden flat so has a side return and a kitchen which opens onto the garden. When we bought the flat we bought both the lease and the freehold but the garden is only on the freehold. We've always thought it was peculiar that it wasn't on the ground floor lease. Is this something that I could do by just contacting the land registry or would I have to go through a solicitor?

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          #5
          You need to look at both leases. It might be that the upper floor flat has certain rights to use the garden.

          You shouldn't really be using it with a leaseholder hat unless your lease gives you rights.

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            #6
            As above -- do you mean that the upstairs flat can't easily get to the garden. Or do you mean that it says specifically in the lease that they are not allowed to access the garden or use it. That is going to lead to a fundamentally different potential outcome for you. You can't "do what you like". It depends on the lease(s).

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              #7
              If upstairs have no rights then it's your property to do what you like with but you will need a solicitor to amend lease and probably get a new plan agreed. It's hard work getting Land Registry to accept changes without a licensed Solicitor but shouldn't be expensive, I can recommend one if you pm me.

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