Freeholder owns the back 3 meters of our 15 meter garden

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    Freeholder owns the back 3 meters of our 15 meter garden

    Hi,
    sorry to add to this thread, I’m not sure how to start a new post.
    We in desperate need of some help. We currently live and own a leasehold maisonette with a term of 993 years left. We believed we owned the whole garden when we signed the lease as what we signed was the exact shape and looked like the same size as our garden 6years ago.
    We are now in the process of selling, our buyer has completed searches and a survey and we have done the same on the forwarding property.
    Our buyers solicitor has raised a question about the use of half our garden, the back half. It’s now been brought to our attention that the freeholder owns the back 3 meters of our 15 meter garden. There is no access to this part of the garden from any sides as we are boxed in by neighbouring gardens. Land registry outlines as us owning half the garden. When we measured the garden to the scale of the lease contract it shows we own over 3/4 of the garden.
    The freeholder is now demanding £30,000 for the back part of our garden! We are no closer to working out who is right, land registry showing half of our lease showing more.

    No where does it specify that we have to give access to the freeholder in our lease. Does anyone know if they have rights to access our garden to put up a fence etc? We’re confused as the freeholder do they own the land but we own the garden in our lease?

    Were now worried that they will want to access the garden to put up a boundary fence but they would have to go across our garden to do so.

    Also this wasn’t picked up by our solicitors when we bought off plan but has been picked up by our buyers solicitors.

    Do do we have any options in regards to access? Do we have a case against our solicitors when we bought the property? Has anyone dealt with a similar situation?

    I know this is long and complicated but any advice would be very much appreciated. It’s leading me to have a near breakdown and we’re worried our buyer will pull out!

    #2
    Not an expert, but I had a similar problem when my lease was registered with the Land Registry after my purchase and the red lines were copied in incorrectly at their end. I got in touch with my conveyancing solicitor and they got the Land Registry to correct it.

    Your freeholder may simply be looking to make some money from a Land Registry error. Whoever handled your purchase should be able to help. If yours was the first purchase, your solicitor may not have been able to pick this up as there was no land registry entry until you purchased and first registered the lease.

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