Freehold Property Sale - Clarification Required

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    Freehold Property Sale - Clarification Required

    All,

    Not sure if this query is in the right thread or not.

    It is also a bit long winded I'm afraid. I also do not have all of the facts as I don't have the lease in my possession at the moment.

    Basically my Wifes father passed away last year. He lived in a maisonette (House converted into two apartments / flats) and he owned the downstairs flat and the freehold.
    Whilst he was living there the leaseholder upstairs always complained about parking, saying the lease said that no-one could park on the drive, however I have since read it and as far as I am concerned, it says the leaseholder (leasor?? - him upstairs!) cannot block the drive, but nothing else.

    We are now in a position to sell the downstairs flat, but the nasty piece of work (I'm trying to be polite) that lives upstairs has been delaying it as he wants to renegotiate the lease to make sure that no-one can park on the drive. This has already put one buyer off and will surely do the same for others!

    Can he ask for the lease to be re-negotiated? Someone said that he has the right at change of freehold ownership to re-negotiate the lease but I am not sure if this is correct. The lease still has a long time to run.

    Since her Fathers death the house has been ascended (I think that is the right word) to my wife, her brother and sister, but this guy upstairs is still adamant that he wants to change the lease. Even to the point that when we were there clearing the garden the other day his son told us we can't park on the drive, and he then phoned my brother-in-law to say not to park on the drive!!

    Now I am all in favour of leaseholder rights etc, but this guy is really hacking me off. He is stopping the sale of the property through his sheer bloody mindedness, and the solicitors we have (apppointed by her late father) don't seem very good.

    Any advice, guidance etc on how we can move this forward would be much appreciated. I should point out that we assume the guy upstairs wishes to purchase the downstairs flat and convert back to a house, however her fathers wish was that we didn't sell to him due to all of the grief he caused while her father was alive. His actions since have not endeared him to us anymore and we certainly don't want to sell to him!!

    Sorry it is a bit long winded, but I hope someone can be of help to clarify the situation and tell us the best way to proceed.

    Many, many thanks in advance.

    #2
    could you post the wording of the lease where it says not to obstruct the drive please.

    Comment


      #3
      Yes- show us what it says, please.
      To clarify:
      LESSOR means person who creates (grants) the lease.
      LESSEE means the person to whom the lease is granted.
      ASSENT means transfer of property out of a Deceased's estate into the name of the beneficiary (person entitled to inherit, by Will or on intestacy).
      And, finally, there is no automatic right to revise a lease. If it is incorrectly or unclearly drawn, a Deed of Rectifiacation might be appropriate.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment

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