Share of freehold - who is responsible for outside areas?

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    Share of freehold - who is responsible for outside areas?

    Hi there,

    I live in a house that is divided into a maisonette (my property) and basement flat. I have a 2/3 share of the freehold, she has a 1/3 share.

    The downstairs neighbour says that she has damp (though not severe), and we have been told by a surveyor that the ground level at the front and rear of the property is too high (as it is the same level as the floor inside the flat.)

    Many builders we have had to give quotes tell us that putting in ACO drains along the walls of the property should be sufficient, but she is keen to dig out all the concrete and lower the floor level front and back. I don't really want to do this as I think it is overkill and will cost a fortune.

    In the lease it says that we have shared responsibility for drains, and external walls. I assume that means that where there is inadequate drainage it is a shared responsibility to put drainage in?

    The lease also says that the garden (which is split in two), is part of the 'demised property'. Therefore does this mean that I have no responsibility for lowering the level of her garden to what has been suggested by the survey?

    At the front of the property she has concrete steps leading down to her basement. The lease doesn't specify whose responsibility any outside entrance ways are for either property. Therefore am I likely to have shared responsibility for any ground-lowering works to be done at the front of the property?

    Any help much appreciated!

    #2
    It is the building that is suffering, therefore the freeholder has to ensure the safety of the building, which is then paid for by the leaseholders.

    You are all "leasing" your demised areas from the landlord / freeholder, and if there is a problem that affects the building, then the freholder fixes. And as all of you are basicly the freeholder, then all of you pay to fix this problem.
    Damp inside a property, and works outside the property to prevent the buildng getting damp.

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      #3
      Originally posted by ram View Post
      It is the building that is suffering, therefore the freeholder has to ensure the safety of the building, which is then paid for by the leaseholders.

      You are all "leasing" your demised areas from the landlord / freeholder, and if there is a problem that affects the building, then the freholder fixes. And as all of you are basicly the freeholder, then all of you pay to fix this problem.
      Damp inside a property, and works outside the property to prevent the buildng getting damp.
      I hope you do not mind me popping in on this question. My flat requires a damp course Ram there is rising damp. Who is responsible for paying for the damp course me or the freeholders.

      Since rising damp is water coming in albeit from the bottom up, is it seen as improvement to have a damp course put in! Sorry to pop in on this thread but I have the same problem except it is me with the damp issue!

      Comment


        #4
        It is the building that is damp, from the outside.
        Irrespective of who leases the ground floor flats.

        The outer walls hold up the building.
        Get damp in there, and when bricks semi dry out, they can "blow" - known as blown bricks. They start to disintigrate, and in very extreem conditions, the building "could fall.

        Damp courses go with the building, not the ground floor flats.

        Just off out for evening meal ( 6:30 pm here ) so must go,

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          #5
          Your damp is more likely penetrative damp or condensation rather than rising damp. An independent damp survey (by a building surveyor) is the best way forward. This will cost as opposed to getting a free survey from a chemical dpc company.

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