Permission

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    Permission

    I've found another property I may buy.
    F/F maisonette lease hold and option to buy free hold maybe shared not sure.
    The garden is on the side of the flat and big enough to build a house on.
    I have an Idea to buy the free hold and try to get planning permission to build.
    As the land in question is on the lease/title of the flat I wish to buy would I need the consent of the ground floor flat owner to build?

    Thanks

    #2
    Yes.

    Presuming the GF Flat has windows on that side or any form of access etc, then you would be interfering with an implied covenant for light and/or access. There may also be limitations within the lease. If it is just a blank wall on the side then you may be in a better position, but you also have to consider right to light etc of neighbours. If it is a gap in a terraced road with no facing windows etc, you could probably get permission.
    caveat emptor
    If it sounds like I know what I am talking about........I don't.

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      #3
      Originally posted by Wight Knight View Post
      Yes.

      Presuming the GF Flat has windows on that side or any form of access etc, then you would be interfering with an implied covenant for light and/or access. There may also be limitations within the lease. If it is just a blank wall on the side then you may be in a better position, but you also have to consider right to light etc of neighbours. If it is a gap in a terraced road with no facing windows etc, you could probably get permission.

      There is a window there but only a very small skinny one, as the adjacent wall has the normal large window, this small window is only a design feature.
      There is plenty of room for a gap between buildings and the build would mostly be out of visual view from the ground floor flats view to the outside.

      Is it possible to ask the free holder to sell me the free hold of the garden only?

      I will have a 900yr plus lease on the property, is there any example's of this,and how much say does the ground floor resident have when it come's to getting permission to builds,if say the build would not interfere with their live's?

      This land has potential and I see it as a way to progress financially, although I did not want to buy this property just for that reason.

      Any input of I idea's welcome

      Comment

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