Another Common parts/ shared use question.

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    Another Common parts/ shared use question.

    Anyone following my saga will know the history.

    However the lease I have been given states.

    "Common Parts"
    All parts of the Property including the Main Structure and garden and yard not comprised in the Leases
    "Pedestrian"
    To pass on foot along halls corridors staircases landings accessways fire escape and other footways comprised in the Common Parts
    "Other Facilities"
    To use any facilities or things provided for the common use of the Leaseholder and the registered proprietors of the titles to the Leases

    This is it for any reference to Common Parts
    1) Can I use the garden as a garden (sitting, gardening etc)
    2) If another Leaseholder alters the Common Parts is it a breach of my Lease?
    3) If the Man Co change the common Parts do I have a case of Breach?

    #2
    1) Can I use the garden as a garden (sitting, gardening etc)
    Only if the lease says you can.

    2) If another Leaseholder alters the Common Parts is it a breach of my Lease?
    Not really. The other leasehloders are not parties to your lease. However, he is probably breaching his own lease and you should complain to the managers. He may also be trespassing on your rights.

    3) If the Man Co change the common Parts do I have a case of Breach?
    Yes, unless the lease allows changes to be made.

    Comment


      #3
      The history

      I am/ was a freeholder and was enfranchised by the two leaseholders (Directors of Man Co). I did not have a lease and so the LVT imposed the Man Co lease on us but to make it fair ripped up their existing lease and all three new leases are to be identical.

      The only other references
      Rights Granted
      "Other Facilities"
      To use any facilities or things provided for the common use of the leaseholder and the registered proprietors of the title to the Leases.
      Covts by Man Co
      "Tidy"
      To maintain tidy and cultivate any verges floral or recreational areas within the Property
      .

      Comment

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