absent landlord , who to seek permission to extend on common land

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    absent landlord , who to seek permission to extend on common land

    Hello, I live in a ground floor flat, leaseholder for 8 years, with an absent landlord for over 10 years or more. In front of my flat we have a communal courtyard which has the gas and electricity meters located for all the 4 flats. I wish to build an extension on this land and what to know who I need to seek permission from. I understand I need planning permission and building regs, but wonder about the other leaseholders and the absent freeholder. I would maintain the access to the electricity meters for them to access.

    Any advice would be appreciated

    #2
    Since you do not own the land, you need the freeholder of that land to either sell you the land, or grant a lease over it to allow you to use the land for the purpose you intend to put it to.

    You don't just need permission. You need to become the owner of that land either as leaseholder or freeholder.

    Any use of that land is a legal trespass over someone else's property, although only the legal owner of the freehold title can actually start court procedings.

    It may also be possible that all the owners of the flats have a right to use that common land written in each lease, in which case they could also sue for trespass if you obstruct such a right to use this land by building an extension on it.

    Any sensible person reading this posting will realise that you are someone with very little undertsanding of property law if you really think that you can build on land not belonging to you.

    It's like saying "I would like to build in my neighbour's garden, so who will give me permission for that".

    The answer is "No one in their right mind".

    Comment


      #3
      Thanks, my question really was what do I do when the landlord is absent.

      Comment


        #4
        You could try findermonkey or equivalent.

        However, once you find the landlord Pilmans advice stands.

        Comment


          #5
          Thanks, the landlord has been absent for over 10 years and my solicitor wrote to him when we brought without a reply. Would we just write to the last known address and wait for a period of time. Or is there a government depart that can help? Thanks

          Comment


            #6
            Whether you were to either find the freeholder, or buy the freehold jointly via a vesting order I think your ultimate aim is doomed. All the other leaseholders are likely to have rights to use this area, so you would have to get agreement from them all, and get all their leases varied.

            Comment


              #7
              Great, the other leaseholders do not have rights to this area as it's not of the plan as common areas. They have electricity meters on the wall and I would maintain this access as per the lease. Light and air would not be effected as it only effects my flat as the conservatory would be attached to my front window.
              I really appreciate all your help and advice so far on this, it's really helpful.

              Comment


                #8
                I am no expert in this. But if you cannot find the freeholder, I think the only valid option would be to attempt to contact the freeholder at last known address. If he cannot be found I think you can apply to buy the freehold jointly with the other leaseholders but you'd have to go to court. Also you would still require to gain permission.

                Your best bet is to find a solicitor who gives a 'half hour free' service and have a quick conflab. I have a feeling it will be complex to pursue.

                Comment


                  #9
                  Much appreciated Andy.

                  Comment


                    #10
                    Hi guys, I'm still struggling to find out how to build on the land which an absent landlord owns. I have also found out that the land is not common land for the leaseholders. I thought some pictures my help me to explain to you where the land is located. So in front to my front room window.
                    Attached Files

                    Comment


                      #11
                      The land was never likely to be 'common land'.

                      Rather it was likely to be retained within the freehold as opposed to being demised to any leaseholder. The 'common' part would be the fact that certain rights were likely to have been given to various lleasehold dets.
                      Very well taken pictures, however, you still need to get in touch with the freeholder as it is their land.

                      Comment


                        #12
                        Thanks, although the landlord is not replying at his last known address, how can legally ask him If he won't reply and has shown no interest in the property for over 10 years. If we brought the freehold do you think this land would be included?

                        Comment


                          #13
                          Well, you probably need to get together with the other leaseholders and go to court.

                          Have you spoken to a solicitor at all??

                          Comment


                            #14
                            Thanks , not yet. Would I need to buy the land /go to court with all the leaseholders or can I do this alone. Given they have no rights over the land either

                            Comment


                              #15
                              I am not a lawyer. But based on other posts in this forum it looks that if you cannot find the freeholder the onlybway is to club toghethervwith other leaseholders to get a vesting order in court to give you and the other freeholders the land. However, to then build upon it you would still need permission from the new freeholder(the entity created by the leaseholders, likely a company).

                              All in all. I think I have repeated myself there from the other thread, but in order tobdobwhat you want to do you will have to combine herding cats with a large slab of luck.

                              Unfortunately we cannot all get what we want in life.

                              The other option is to slap in for planning permission. Build, and then see what happens. But that is clearly a very risky proposition and a 'sword of damocles' would be hanging over your head post build.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X