Next door's basement 'belongs' to me?

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    Next door's basement 'belongs' to me?

    A bizarre one...
    1. Title plan covers the entirety of my residential home.
    2. My lease states that my demise includes '...the cellars below the said building.'

    All very straightforward so far.

    However the construction of the adjacent buildings is such that the building next door can access the room below. At present, I cant.

    I suspect that the explanations are either:
    1. Drafting error - there has never Been access to that basement room from my property and that reference in the lease was erroneously applied
    2. Previous 'remodelling' - It may be that there was (previously) access to that room, but it has been bricked up (perhaps as part of an informally agreed deal with the neighbour, many, many decades ago).

    Grateful for some chin-stroking and considered opinions from far sharper than mine (though I can see a 'what does the next-door neighbour's lease state, exactly?' query on its way...!)

    #2
    The usual question involves asking if the cellar immediately below a flat not expressly included and to which the leaseholder has exclusive access is in fact included. In most cases the answer is going to be that it is unless the lease specifically provides to the contrary. Here we have a case I have never come across before: a lease says the cellar is included but the only access to it is from the next-door property.

    If we suppose, as is likely but not certain to be the case, that the lease of the next door property is worded the same, then the answer is to consider the question from the next-door leaseholder's point of view. If he came on here and asked if the cellar which extended under his neighbour's property went with his lease I would be suggesting that it does if (a) the existing layout was the layout when the lease was granted or (b) if he has had use of the extended part for a long time. In all these cases there may be some devil in the detail which changes the position, but if it is all straightforward I cannot see any court changing the status quo.

    More certainty can be achieved by investigating the history of the two buildings and studying the titles, both freehold and leasehold, of both properties.

    Comment


      #3
      Was your building divided into two separate buildings after it was completed ?

      Comment


        #4
        I owned a property once which was originally one building but it had been divided at some stage into two properties. I had access via a trap door to the basement running under the next door property. There was a dispute at one stage but it was resolved by reference to the title deeds.

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          #5
          Lenin did live in England with Krupskaya. Any connection?
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by theartfullodger View Post
            Lenin did live in England with Krupskaya. Any connection?
            I heard Sam Allardyce is trying to sign the pair of them

            Comment


              #7
              She'd have been a match for big Sam
              https://en.wikipedia.org/wiki/Nadezhda_Krupskaya
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Gordon999
                No, as far as I can tell, the original construction saw the 2 buildings constructed in this layout.

                theartfullodger
                I'll come clean - Krupskaya's body is buried under the basement - no-one knows but me. I'm convinced there's money to be had via some of my die-hard Leninist revivalists.

                eagle2
                Vlad and Krupskaya - even in their current states would do a better job than the couple of square pegs Big Sam has at the heart of defence at the moment...

                Comment


                  #9
                  Originally posted by Lenin12 View Post
                  No, as far as I can tell, the original construction saw the 2 buildings constructed in this layout.
                  Are the properties semi-detached or do they form part of a terrace? If the latter it would be a bit unusual.

                  Anyway, if it is indeed the case that the buildings were constructed as presently laid out the possibility of successfully arguing that the cellar below your property goes with it is reduced to almost zero.

                  Comment

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