Management of freehold problems

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    #16
    I wouldn't bother about appealing the decision on the planning matter, as this is not the issue, if they own the garden, then they can put a structure there (now that they have got planning permission it is legal) it's the right of way, you need to seek legal advise as your lease would inform you of the rights that you would be entitled to having access to the alleyway.

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      #17
      Dear all, I read these posts with interest. I own a flat in a converted house (two flats in total) with joint freehold (garden demised to other flat and loft to me). Previously the other flat wanted to extend a few years ago but that didn't go ahead. However, they proposed a massive wrap around extension and I wasn't offered anything by the other flat (ie uplift in value) and my solicitor at the time did not advise me I could ask for a percentage of the value of the uplift. I think that the question of the extension will come around again either with present or new owners, so I wondered is there a UK solicitor (ideally in London) who has knowledge extensions and uplift of value for a joint freeholder? Also, the ground floor have installed a summerhouse (without joint freeholder consent) which they are using as an additional room) electricity/wifi/heating and it blocks my right of way and I feel like they should offer compensation because I cannot access the back of the house due to a summerhouse/fence. The summerhouse has obtained retrospective planning permission and could be in the garden indefinitely so I wondered if that building increases the value of the property to a joint freeholder. I think that the question of the extension will come around again either with present or new owners, so I wondered is there a UK solicitor (ideally in London) who has knowledge of extensions and uplift of value for a joint freeholder ? Please feel free to email me if you would prefer to not mention names of solicitors on the discussion.
      Thank you

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        #18
        NotTheLastLeaseholder, on the lease extension I think u need to check this with a solicitor that specialises in the field. My understanding, based on my internet research, is that any improvements/alterations performed by the Leaseholder are excluded from the calculations when it comes to extending the lease.

        at the moment, I am in the process of obtaining consent for a loft conversion that will transform the flat from a 2 to 3 bedroomed maisonette. Although I do not need to extend the lease right now since I still have lots of yrs left before hitting the 80 yr mark, when it comes to that, I will ensure that the loft conversion (extra room) is excluded from the calculation.

        I would recommend you give LEASE a call or book a telephone consultation with them to ensure that u have the facts right.

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          #19
          Hi, I need to pay for some legal fees as a joint freeholder for a breach of a lease. Can anyone help me interpret the clause below? Does it mean that if the other joint freeholder/lease holder in the house has broken the lease I can ask them to help cover legal fees?

          5c
          that (if so required by the Lessee) it will enforce the restrictions and covenants similar to those contained in the First Schedule and Clauses 3 and 4 (which are about breaches) hereof entered into or to be entered into by the transferee or lessee of the other flat comprised in the Mansion on the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement (including in the case of any litigious proceedings the costs and expenses incurred as between a Solicitor and his client) and first providing such security in respect of costs and expenses as the Lessor may reasonably require and until the grant of such Lease the Lessor covenants to observe similar provisions in respect of the other flat to those contained in the Lease.

          Thanks

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            #20
            Hi, The issue is that I am totally confused as the lease is really confusing and LEASE dont have the time to talk through this and just suggest that I get mediation (which my neighbour wont agree to). The key part of the lease are as follows


            Clause 3(f) allows the Lessor (both you and the other freeholder) to get access with or without workman into each others flats to examine the condition and carry out repairs once you have served a notice giving reasonable times for inspection (my neighbours says that I have no right into their flat to get quotes for work and deny me access but they will reluctantly allow tradesmen though)

            3g Not to make any structural alterations or structural additions to the flat nor to erect any new buildings there on or remove any of the landlord fixtures without the previous consent of the lessor. (I believe that this applies to an outbuilding that now has planning permission and they breached the lease by not getting my consent as joint freeholder). I believe that this confirms that ground flat leaseholder/freeholder cannot make structural alterations or structural additions or erect any building, or remove lessor's fixtures without prior consent from the lessor (they should not have carried out a summer house without my consent).

            Clause 3(l) deals with repairs, maintenance, supporting, rebuilding, cleansing and lighting, not just the flat but any other part of the building.

            Clause 4 also deals with access to the Mansion other than the flat.

            Under the second schedule of the lease, clause 5 gives all lessees with workman and others to enter the other parts of the Mansion (on reasonable notice other than in an emergency) for repairing maintaining renewing altering or rebuilding the Flat or any part of the Mansion giving subjacent or lateral support shelteror protection to the Flat.

            5c that (if so required by the Lessee) it will enforce the restrictions and covenants similar to those contained in the First Schedule and Clauses 3 and 4 hereof entered into or to be entered into by the transferee or lessee of the other flat comprised in the Mansion on the Lessee indemnifying the Lessor against all costs and expenses in respect of such enforcement (including in the case of any litigious proceedings the costs and expenses incurred as between a Solicitor and his client) and first providing such security in respect of costs and expenses as the Lessor may reasonably require and until the grant of such Lease the Lessor covenants to observe similar provisions in respect of the other flat to those contained in the Lease. (Does this mean that since the other leaseholder and joint freeholder has breached the lease I can ask them for re-imbursing legal fees).

            Since the other leaseholders are preventing right of access and erected a summerhouse can I request they cover legal fees going forward.

            Best wishes

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