I want to buy part of the communal area but a lessee objects

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    I want to buy part of the communal area but a lessee objects

    I was keen to buy a part of the common part of the building in which my flat is situated as the area in question could easily be annexed to my property.

    Our building is owned by a Company which in turn is controlled by its members who are all Lessees including myself.I have asked the Company but one of the 5 Lessees has objected although he has not given a reason. Has that Lessee the legal right to block the purchase given that the majority of the Company consent?

    #2
    If the objecting lessee's lease gives him a right to use the communal area in question then you would be depriving him of his rights in his lease and why shouldn't he object?

    Buying the freehold together doesn't change the rights in the individual leases.
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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      #3
      It is the companies decision to sell or not sell. As RW has said they must be able to sell the area to you; a right over it might preclude that, and
      1: you or they might have to compensate the lessee and amend their lease
      2: allow the right to continue, if rarely exercised; eg means of escape or delivery over part of a garden
      3: ask him what his objection is and negotiate.

      if the company is free to sell it, they can ignore the objection on a majority vote.

      Bear in mind that your service charge % may change accordingly- eg annexing an external lobby increases your floor area so your % increases,inc building insurance, even if overall cleaning costs are slightly reduced.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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        #4
        You say that it is the company's decision to sell but that a lessee's right to use an area could preclude the company's decision. Given that everyone's lease does indeed say that each lessee has right of way even though this particular space is a dead end and leads nowhere, am I to conclude that an offer to buy is pointless?

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          #5
          Originally posted by catinhell View Post
          You say that it is the company's decision to sell but that a lessee's right to use an area could preclude the company's decision. Given that everyone's lease does indeed say that each lessee has right of way even though this particular space is a dead end and leads nowhere, am I to conclude that an offer to buy is pointless?
          Practically everything in property comes down to price!!! best thing to do is to ask the objecting lessee if there is a price at which he would withdraw objection to the freeholder selling this dead end to you. However the freeholder could only sell you the title he has which would be subject to amenity rights recorded at the land registry to other lessees and could therefore result in your flat being considered an unsatisfactory property against which to grant a mortgage; which might screw you when you come to sell. A buyer's solicitor would notice! All in all probably not worth pursuing

          Comment


            #6
            Originally posted by catinhell View Post
            You say that it is the company's decision to sell but that a lessee's right to use an area could preclude the company's decision. Given that everyone's lease does indeed say that each lessee has right of way even though this particular space is a dead end and leads nowhere, am I to conclude that an offer to buy is pointless?
            Yes and no. You could add the area to your lease, and the company can ignore him and sell to you, but the same rights would exist. You then have to pay the rights holder to surrender that right, offering to pay the legal costs of varying their leases ( all not just the objector), adjusting your SC % upward, and a small sum of money if that is what they are after.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment

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