F/r owner objects to my 999 yr. lease (flats over shop)

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    F/r owner objects to my 999 yr. lease (flats over shop)

    I have had a leasehold property for 3 years on a 997 year lease with rent at £1 per year. i got the propety from some one who leased 1/3 of the property from the landlord. he origionly bought the leasehold for 999 years, then decided he dident need part of the property so he sold part of it to me for £100,000. it was a empty hall. I got planning permission to build 2x 1 bed flats, which i have started to build. I had decided that after building the 2 flats i would apply to build one more on top of the flat roof. then the landlord decided to sell the whole building.
    the new landlord is being difficulet saying I have no right to build the flats and the roof is his to do as he pleases.
    the new landlord says he asked his solictor and she says i dont have any rights to do anything to the building .
    I went to a local solictor he says that in the deeds it says i am the owner of the property for 997 years from the first floor upwards including the pillers and roof and there are no restrictions on what i can or cannot do.
    the new land lord runs a chicken shop on ground floor and has rented next door to oxfam. I'm on top of both of them.
    help who is right,

    #2
    The lease is right.
    It should define precisely what area of ownership is granted to lessee, inc. whether roof and airspace are included or not.
    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).

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      #3
      Originally posted by jeffrey View Post
      The lease is right.
      It should define precisely what area of ownership is granted to lessee, inc. whether roof and airspace are included or not.
      Thank you for the reply, it has helped ease my mind a little. Another question is, is it possible to by the freehold of my property as it has a 997 year lease at £1 per year rent? (even though the land lord may not wany to sell)

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        #4
        Originally posted by tajmughal View Post
        Thank you for the reply, it has helped ease my mind a little. Another question is, is it possible to by the freehold of my property as it has a 997 year lease at £1 per year rent? (even though the land lord may not wany to sell)
        Not compulsorily, no. Only a house's lessee (or the majority of lessees of a block of flats) will have compulsory rights; your new-build flats, owned leasehold by you, are part only of a building which includes commercial use below, so the enfranchisement Acts do not apply.

        Why did you not try to buy the entire building when previous L was selling it?
        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


          #5
          Originally posted by jeffrey View Post
          Not compulsorily, no. Only a house's lessee (or the majority of lessees of a block of flats) will have compulsory rights; your new-build flats, owned leasehold by you, are part only of a building which includes commercial use below, so the enfranchisement Acts do not apply.

          Why did you not try to buy the entire building when previous L was selling it?
          I was out of the country when the landlord put the property up for auction and then I only had 4 days to sort out the finances which I couldn't do.

          Comment

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