Building on communal areas

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  • EL57
    started a topic Building on communal areas

    Building on communal areas

    I recently bought a new build apartment. The communal area included landscaped gardens and an area for bins. The boundaries of the garden area were clearly highlighted in the brochures and in the lease.It has recently come to my attention that the lessee is trying to sell half of the garden as he has planning permission for 4 more apartments. This clearly reduces and changes the demarcation of the garden area. The lease does state that the lessee can make changes to the communal areas, but can he go as far as changing the boundaries of the garden and reducing my neighbour's sea view?
    If he is technically allowed to do this is there a case that he missold or misrepresented the apartment as having a landscaped garden area which would be reduced to being an area for bins without a garden?
    All opinions welcome,
    Many thanks.

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