Freeholder disclaiming fences

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    Freeholder disclaiming fences

    I have a maisonette in a low rise development of 24 similar ones in 3 blocks. When originally sold in 1984, this was a housing association joint ownership development.

    The lease says:

    The Lessor will well and substaintally maintain and repair all boundary walls and fences belonging to the building and/or the Estate and will so far as the same are additional to this obligation be responsible for complying with the covenants imposed upon Huntley and Palmers Limited by a Conveyance dated 8 February 1927.
    I just received a letter from the management co saying:

    We understand the boundaries of each individual garden are attributed to the leaseholders, according to the marked plans attached to the leases, and therefore these are not a communal reposnsibility. We will therefore not be undertaking any further works to the fences around individual gardens. If you are uncertain whether a particular fence or wall is your responsibility, please check the marked plan attached to the lease, from when you bought the property
    I have written to the company pointing this out and requesting they confirm that they will still be maintaining the walls & fences. Surely they can't just opt out, if it's specifically mentioned in the lease?
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    "belonging to the building and/or the Estate" will not cover your fences if they are attributed to the leaseholders.

    So unless the individual fences are covered in "the covenants imposed upon Huntley and Palmers Limited by a Conveyance dated 8 February 1927" then I think the management company is right in their approach?


      I would agree adding that you have to look at the lease as to what is the building and estate not just the leaseholders plan or demise.
      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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