Leaseholder placing table and chairs on freehold land

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    Leaseholder placing table and chairs on freehold land

    I am a director of a freehold company which comprises six leasehold flats in a converted building.

    The leaseholder of the lower ground flat has taken to placing a small table and two chairs outside her front door for use when the weather is good. They items are not causing any obstruction. The land on which the table and chairs are placed is owned by the freehold company.

    One of my fellow directors has raised a question about “Adverse Possession” whereby the leaseholder in question can claim after a period of time “ownership” of this land. In addition my fellow director states that this is an unacceptable intrusion on the common areas of the building. Matters are not helped by my fellow director owning the ground floor flat and does hear noise when the table and chairs are in use.

    Any thoughts and guidance would be gratefully received.

    #2
    Not adverse possession I don't think. Even if the chairs remained there fenced off for a decade, I don't think you can claim AP relating to land you have the right to access anyway.

    I can't see a problem with them sitting there if the lease allows, but should not be leaving the stuff there 24/7

    Comment


      #3
      Not enough to amount to adverse possession and in any event you cannot be in adverse possession against your landlord: However, after a period any land occupied may be treated as part of the land leased. It has to be doubted though that there is sufficient possession for that. Make a diary note to review the situation in, say, seven years time.

      Comment


        #4
        Originally posted by Joubert View Post
        One of my fellow directors has raised a question about ....

        Matters are not helped by my fellow director owning the ground floor flat and does hear noise when the table and chairs are in use.
        TBH it sounds like the 'fellow director' doesn't like the noise being made, and so instead of having a word with the neighbour is going over the top and looking for a sledgehammer to crack a very small nut by trying to get the 'force' of the freehold company on his side.

        It's a simple neighbour dispute, the fact that he is a director should make no difference and he shouldn't be using his directorship to try and solve personal disputes.

        Comment


          #5
          It is not normal to have table and chairs outside a front door.

          I would have thought at a minimum. you should be stating that they only have the right to pass and re-pass over the common ground in front of the house, they should not make table and chairs a permanent occurance, I.E. to take them in every day when finished with, but at the moment they have no permission to place items on hardstandind pathways / drive ways.
          ( Unless of course there is grass in front of the flat and that is were the table and chairs are, and if that is classed as a front garden, then tables and chairs "could be" allowed in a front garden, although if it's just a small piece of grass one finds that is Not a garden, then you don't allow anything on there )

          Is there a communal garden?
          Does the flat have their own demised back garden patch ?
          Does the Sun shine on the front of property or rear in the Summer ?

          Comment


            #6
            More knowledgeable people than me have already posted.
            My view is if it is not permitted in the lease then not allowed to have table and chairs. If only access permitted then only access accepted. You can't cherry pick which parts of the lease you wish to obey.

            Comment


              #7
              Many thanks for the very helpful replies above.

              The lease does not expressly disallow tables and chairs on the freehold property and as this is a Lower Ground Floor Flat with the only external doorway from the outside steps being into the leaseholder’ own flat they do not cause any obstruction.

              For my part, and that of another Director, we like the table and chairs were they are as they are i) attractive, ii) the leaseholder has no outside space or communal garden and iii) the leaseholder keeps an eye on the vicinity of the building.

              If the one Director who objects continues with this matter then we will have to seek professional advice and most probably, in the end, issue a Licence for the leaseholder to continue to use the table and chairs.

              With renewed thanks.

              Comment


                #8
                Are you saying that the table and chairs are in an open sunken space to which no other leaseholder needs access?

                Comment

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