Can a letter replace a DOV?

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    Can a letter replace a DOV?

    I am the freeholder of a converted house (3 Flats, I live in one). One of the Lessee's decided to undertake building works without my knowledge or approval, in contravention of the Lease. That was three years ago - now she wants to sell her Flat. I have pointed out to her Solicitor that the Lease is defective in that it shows a wall which no longer exists and that the Freeholder's permission was not obtained for it's removal.

    The Solicitor basically says 'Not to worry, here's a draft letter saying that you have approved the works - sign it and send it back and all will be ok'. On the other hand, I have read that the only way to fix this situation is to sign a Deed of Variation - there are some in place for the Lease already, so I can see they are substantial documents.

    Should I insist on the DOV, or is a letter ok? - Many thanks.

    #2
    Depends what you want to do.

    What you should do is insist that the wall be rebuilt, asit was there
    for a reason, andshecan't just go and demolish walls without permission.

    You want the cost of replacing the wall and all other work associated
    with the reinstatement.

    BE CAREFULL, as once you waive the right to allow leaseholders to
    demolish walls, it could have repercusions later if some one else decides
    to demolish a wall.

    "Yes judge, freeholder set a prescient by doing nothing when "x" wall
    was demolished, so I demolished mine"
    L.V.T. says o.k. precident set, boundary wall demolished, freeholder
    can no longer object".

    It's more complicated than that, as each infringment looks at many
    aspects, but suggest you bill for the reinstatemenof wall, that way
    you have been seen that you want to observethe lease, and have
    done so, so no problems next time.

    You can always get the money and not rebuild.

    Seller to also payf or new plans to submit to Land registry if you
    sign D.O.V. but makesure it your authorisations states :-
    retrospective authorisation.

    R.a.M.

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