Extension and Loft Conversion for a Shared Freehold and Leasehold

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    Extension and Loft Conversion for a Shared Freehold and Leasehold

    Hello,

    I own the ground floor flat of a converted Victorian property. The property is divided into 2 flats where both parties own a share of the freehold and the leasehold. The building is shared equally, however I have the freehold for the garden at the back, and other owner has the freehold for the small piece of land at the front.

    The roof needs replacing, and has needed replacing for 6 years (this showed up and was stated in surveys at the point of purchase for both parties within 6 months of each other). 5 years ago we agreed on a company to use, but the other owner pulled out after the agreement was made and my share of the deposit paid to the roofing company. I successfully took the other party to court and recouped the money for the deposit.

    Since then we have been at an impasse with regard to the roof replacement. Whenever I try to raise the replacement, they are unwilling to discuss it further. Given that the roof space is very large and they previously mentioned it, it is likely that when the roof is eventually replaced, they will want to make a conversion into a living space at the same time.

    Questions:

    As joint freeholders and leaseholders, does the application to replace the roof and convert the roof need to be made by both parties.

    If the other party wishes to make a conversion to the roof, so they need our permission?

    What are the financial responsibilities for the roof if it is not a replacement but a conversion?

    On a separate note, I also wish to make a single story extension to the back of the property into my garden (for which I own the freehold). Do I need their permission for this.

    As you may understand, relations with the other party are not


    Any knowledge and support on this topic would be greatly appreciated.

    Thank you,

    Catherine

    #2
    Your arrangement is either very unusual or you haven't correctly described it. I think a lot more detail, is needed

    Generally, the answer would be to look at what the lease says, but also, generally, there would be one freehold. As described, there appear to be three freeholds (garden at back, main building, small piece of land at the front), but only one leasehold. That is so far from normal that it doesn't make sense.

    You need to establish the real ownership situation then read the leases, and if there really only is one lease, the documents that relate to your occupations of individual flats.

    Comment


      #3
      Thank you. I have checked again and you are correct, I have not described it correctly. I will try to rectify this, but please bear with me as I am not proficient in this area!

      I have a share of the freehold (with the other party)

      And a leasehold with 96 years left on it.

      Comment


        #4
        In a more normal situation, with two leases and one freehold, the loft may or may not be part of one of the leases. If it is part of one of the leases, there are likely to be restrictions on conversion, ranging from forbidden, to not to be unreasonably refused.

        Typically in such arrangements, all freeholders must consent for there to be valid consent.

        A reasonable condition for approval would be changes in the lease and service charge apportionment, to reflect a new maintenance regime.

        Typically you would only have a lease on the garden. Even freeholds can have restrictive covenants.

        I think you need to talk to the CAB or a solicitor to properly understand the nature of your ownership and have the lease and freehold covenants explained to you. Either you have completely misunderstood the arrangement, or it is so unusual that a forum is not a good place to ask.

        Comment


          #5
          This is what the TR1 Land Registry form says:

          they are to hold the property on trust for themselves as tenants in common in equal shares

          Comment


            #6
            oh no, that is me and my boyfriend......!!!

            Comment


              #7
              Thank you very much for your help.

              Comment

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