Any Legal Housing experts on here? Title deeds etc
Discussion
Im looking to buy a ground floor flat with a small garden directly outside the back door.
There are 3 titles and leases to take into account.
Lease 1 - Ground floor flat - no mention of any garden being included and not printed on the boundaries footprint plan.
Lease 2 - First floor flat - no mention of any garden being included and not printed on the boundaries footprint plan.
Freehold - Covers the whole building and the boundaries include the entire plot with the garden.
With the sale of the ground floor flat lease comes the freehold (they are owned by the same person)
The agent seems to think the garden is shared between the leases however surely it would state this in the charges register under 'schedule of the leases' on the document. It also doesn't say anything about the garden in the 'schedule of leases' on the freehold title.
My logic would say the 2 leases don't have the garden included but whoever owns the separate freehold has access to the garden.
I've only got access to the basic title deeds bought online at the moment but even if it said about the garden in the main lease document surely it should should be in the summary too?
Thanks in advance!
There are 3 titles and leases to take into account.
Lease 1 - Ground floor flat - no mention of any garden being included and not printed on the boundaries footprint plan.
Lease 2 - First floor flat - no mention of any garden being included and not printed on the boundaries footprint plan.
Freehold - Covers the whole building and the boundaries include the entire plot with the garden.
With the sale of the ground floor flat lease comes the freehold (they are owned by the same person)
The agent seems to think the garden is shared between the leases however surely it would state this in the charges register under 'schedule of the leases' on the document. It also doesn't say anything about the garden in the 'schedule of leases' on the freehold title.
My logic would say the 2 leases don't have the garden included but whoever owns the separate freehold has access to the garden.
I've only got access to the basic title deeds bought online at the moment but even if it said about the garden in the main lease document surely it should should be in the summary too?
Thanks in advance!
I had similar. You need to read the full leases for both properties. In the absence of reference to garden in both full leases the situation is neither lease holder has use of the garden. The freeholder does. In effect the garden flat owner has use of the garden by virtue of being the freeholder. If you buy you could get the lease amended to officially give use to the garden leaseholder.
edit to add - you cannot make any assumption without reading the full leases. It may not be in the schedule in the short copy you have seen, that is not the definitive argument for who has use - you can only know after reading the full leases. Don't get your hopes up until you've read them.
edit to add - you cannot make any assumption without reading the full leases. It may not be in the schedule in the short copy you have seen, that is not the definitive argument for who has use - you can only know after reading the full leases. Don't get your hopes up until you've read them.
Edited by CoolHands on Thursday 24th July 09:10
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