Building in someones garden

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    Building in someones garden

    I have found a house in Islington with a side garden which would make a good building plot. I plan to approach the freeholder for their agreement to sell me a portion at the bottom of the garden which they have actually fenced off and decided not to tend. The building is split into 4 flats and it appears they have bought the freehold. It looks like the lease states the garden is (in whole) leased to the ground floor flat.

    I plan to send a letter to the building for the attention of the freeholders to the flats and I'm just wondering would all 4 freeholders have to agree not just the leaseholder who appears to have the garden (garden flat)? I'm guessing only the ground floor flat with said lease would need to inform their bank (if they have a mortgage) of their intention to sell or would it affect the value of all 4 flats to sell? Or does the fact they all own the freehold mean they also would all need to inform their mortgager regardless if it is leased only to the ground floor flat?

    Thanks all and hopefully this makes sense. The potential building plot also spans across another garden ha but thankfully there is only one freeholder there so I'm planning to get something agreed with the above ones first (presumably the most difficult) and hopefully something in writing to compel them to sell to me for x if I get PP. I'll then approach the other garden owner (who happens to be a property developer) and will no doubt prick his interest into contacting his neighbours himself!! Although he too as fenced off the bottom of the garden and left it.

    Any help is much appreciated.

    #2
    There will almost certainly be a leasehold covenant forbidding parting with possession of part only of the demise, in which case you will need the freeholder will need to waive that term of the lease. It sounds like the freehold is held by the leaseholders as tenants in common, so they will all need to agree to that waiver.

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      #3
      Thank you for that I thought all freeholders would have to agree.

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        #4
        As post number 2 states. "they will all need to agree to that waiver".
        If I lived there, I would say no to any sale of land.

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          #5
          Originally posted by ram View Post
          If I lived there, I would say no to any sale of land.
          Even if you were offered some serious £££ in return for your agreement?

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            #6
            Originally posted by JamesHopeful View Post
            Even if you were offered some serious £££ in return for your agreement?
            Correct. Don't want a house at the bottom of the garden.

            ONLY the freeholder can sell a garden, with the full agreement of all leaseholders / shareholders.

            Don't expect any reply from the leaseholders / freeholders, as it my be too much legal work for them to bother replying.

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              #7
              The freeholders and leaseholders are the same people in this case as all 4 flats bought the freehold. The portion I want to buy no one uses. It's fenced off so no one has to tend to it and has been for years. The ground floor flat has sole use of what's left of the garden. I imagine any of the other flats would take 10k each in exchange for something they have never used but we will see.

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