Sole use of communal area

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    Sole use of communal area

    Hi, this is my first post so apologies if it's been asked before! Can I grant sole usage of what are officially outside communal areas (garden and back yard) in a block of 3 flats to just one flat if the other two flats have shown no interest in them? Can I do this on an informal basis or will I need to change the lease for each flat to reflect the change? Thanks in advance!

    #2
    No, you cannot. If it is demised to all flats, you need to update all leases

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      #3
      Are you the freeholder? Is the flat you want to grant sole access your flat?
      As Anna indicated, as the areas are communal and assuming this is shown in the leases, you cannot change this unless all agree and then leases would need to be varied to reflect the change. Share more information as there may be suggestions which can be made.

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        #4
        To expand on what others have already said, if you don't change the leases any one who the other leases are sold to in the future will have the right to use the areas that the lease says they can use, even if this contradicts what the property that you want to give sole rights believes to be the case.
        Although the current leaseholders might not want to use the gardens, they could sell their leases at any point and the new leaseholders are entitled to rely on what the leases tell them is included (unless the sellers specifically agree that they have given up specific rights - which should be backed up with appropriate paperwork). For this reason no leaseholder should ever agree to anything like what you are after without being adequately compensated for the loss of use (loss of use of communal gardens will likely knock at least a couple of £1000 off the value of flats in all but the most deprived areas, even if the current leaseholders never use the gardens).

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