Any Legal Housing experts on here? Title deeds etc

Any Legal Housing experts on here? Title deeds etc

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Discussion

timbutjack

Original Poster:

18 posts

220 months

Wednesday 23rd July 2014
quotequote all
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!