Freehold Garden but Leaseholders have right to 'Quite Enjoyment" What can I do to it?

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    Freehold Garden but Leaseholders have right to 'Quite Enjoyment" What can I do to it?

    I bought my ground floor flat a few years ago, it is an old house converted into 3 flat, and I bought it with both the leasehold of the flat and the sole ownership of the freehold of the full property including the garden. The other 2 flats in the building are leasehold and have the right to "Quite Enjoyment" of the garden written into their lease. I want to do work to the garden, build some veg patches and possibly add a summerhouse for my garden tools etc. My question is am I allowed to do this as the freeholder even if the other flats have the right to "quite enjoyment"? Also do the leaseholders have the right to put garden furniture etc in the garden if they wish?

    #2
    Purely gut feeling. I would think you would be able to do that. However leaseholders would continue to have access for quiet enjoyment. I don't think they could erect anything. As always, read the lease.

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      #3
      Including quiet enjoyment of your strawberries...

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        #4
        Quiet enjoyment does not mean free of loud noise etc. It means free of anybody else claiming to have a better claim to the land

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          #5
          I don't think quiet enjoyment of a garden area is anything to do with your right to turn part of that area into a vegetable patch, or your right to place permanent or semi permanent furniture. You can ask, and it could be agreed in a mutually friendly manner, subject to ***all*** others with those rights also agreeing. But otherwise you have no such rights unless the lease says you do.

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            #6
            Is it different that he wants to do it as freeholder, not a leaseholder.

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              #7
              May we know exactly what the lease says, please? In this sort of case the precise wording may be important.

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                #8
                Originally posted by scot22 View Post
                Is it different that he wants to do it as freeholder, not a leaseholder.
                I mis-read the original post somewhat. But I think the same applies (depending on what the lease actually says) -- the FH cannot convert a communal garden into a private vegetable patch (unless the lease says it is is not communal), nor can lessees put permanent furnishings into a communal area (any more than they can put private shelving into the entrance hall).

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