Freeholder disclaiming fences

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    #2
    "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?

    Comment


      #3
      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.

      Comment

      Latest Activity

      Collapse

      • Reply to Old managing agents accounts
        by eagle2
        I suggest that you apply to or take action against the freeholder directly, the agent is only acting on behalf of the freeholder. If you think that the freeholder is likely to supply information, you can ask him to volunteer it otherwise you will apply to the Tribunal. If he is unlikely to volunteer...
        26-05-2022, 05:38 AM
      • Old managing agents accounts
        by jazzythumper
        Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
        20-05-2022, 11:21 AM
      • Reply to Old managing agents accounts
        by jazzythumper
        would this be a good starting point?

        https://www.lease-advice.org/faq/how...eing-used-for/...
        25-05-2022, 15:37 PM
      • Reply to Old managing agents accounts
        by jazzythumper
        As in a simple application to the old managing agent Or freeholder? Which one?

        To provide all accounts and payments based on the fact that we disagree with the charges? How far back can we go? And does having paid the service charges mean we have agreed to these?

        Thanks for...
        25-05-2022, 15:31 PM
      • Reply to Freehold confusion
        by Section20z
        It's never advisable , it can cause serious issues if you have a claim affecting communal areas. For buildings insurance the whole property should be covered and the cost split between the two flats.
        The only problem with an absent freeholder is that when selling the flat a pernickity solicitor...
        25-05-2022, 10:02 AM
      • Reply to Share of feehold/shared service charges?
        by Stu1020
        eagle2,

        Thank you for the response.
        25-05-2022, 09:40 AM
      • Reply to Freehold confusion
        by AndrewDod
        There is no cast iron rule that the freehold "share" has to be transferred with any sale. You may need to purchase it from the friend (or his estate)....
        25-05-2022, 09:22 AM
      • Share of feehold/shared service charges?
        by Stu1020
        Hi there,

        I'm new to the forum and looking for advice on a sticky freehold situation.

        I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
        20-05-2022, 11:39 AM
      • Reply to Share of feehold/shared service charges?
        by eagle2
        I suggest that you ask the other 2 leaseholders to explain why they consider that the current allocation is fair. The freeholder has the right to review the allocation from time to time. Unfortunately, a "fair proportion" means that several alternatives would be considered reasonable to a...
        25-05-2022, 06:27 AM
      • RTM Hand Over Issues
        by martin15
        RTM handing over issues

        Our RTM companies comprise 4 blocks of 6 identical two bedroom flats and each block is registered at Companies House as a separate company.
        Following the acquisition date, it was discovered the former directors ignored legal advice and changed property management companies...
        23-05-2022, 19:36 PM
      Working...
      X