Free holder wants to sell our garden

[TheBMWDriver]

I was wondering if anyone can offer my some advice.


I bought a apartment in a building in the country, I have paid a huge amount of money for a very large apartment in the country, I did not buy a house because the apartment block had a big communal garden which was fine with me.

When I bought he flat form the developer 3 years ago he told me that nothing more will be built but he has now got planning permission to build a house in the garden and is auction off the whole garden.

This is going to take a Lot of the value of my property and to be frank Its just not whit I signed up for. I called my solicitor on friday so will see if they can help me but any thoughts and advice would be appreciated.

Thanks

[bltamil1]

Eh? Presumably your lease came with some access rights over the communal garden?

Obviously we haven't seen your particular lease, but you would usually expect the common parts to be identified within a plan and the documents, and your rights over such common parts to be described in the text.

Or is it just an adjacent bit of land that you have no actual rights over?

[TheBMWDriver]

Thanks.

I am going to try and get a copy of my lease tomorrow to have a look.

The land its not just a adjacent bit of land, its the main garden area next to the parking spaces.

Photo here
http://www.rightmove.co.uk/property-for-sale/prope...

I have been completely shafted here.

[Chrisgr31]

I qon't know much about residential property but the first thing is to check your lease. Having done so you'll know what rights, if any, you have over that piece of land.

Worth speaking to the other flat owners I guess. Incidentially did you know about the planning application?

[bltamil1]

You should have a lease plan of some description, with a series of colours or hatched areas that will be explained in the text of the lease agreement.

If the area in question is within your lease in some way (as well as all the other leaseholders), the freeholder may find that they have some trouble disposing of it.

[Terminator X]

School of hard knocks, if it's not in writing (the contract) you're screwed.

TX.

[redstu]

It's not uncommon for developers to keep plots of land when developing and converting.
It happened to me, it was all clear in the lease at the time of purchase though.
It all ended happily though as the developer later went bankrupt and along with the other leaseholders the plot was bought from the bank at about 10% of what they had probably mortgaged it for.

[EskimoArapaho]

Perhaps you assumed too much about the lease? On the bright side, the costs to leaseholders of maintaining the communal gardens will go down.

TheBMWDriver said:

Photo here
http://www.rightmove.co.uk/property-for-sale/prope...

I have been completely shafted here.

Well, it is home of the "Manlove" family. :-o

[TheBMWDriver]

Thanks guys, I am going to check the lease tomorrow.

I will post the text here if I can

[Sir Bagalot]

Have you the original agents description/photos?

[Vaud]

Sir Bagalot said:

Have you the original agents description/photos?

How would they help?

[Chrisgr31]

Vaud said:

Sir Bagalot said:

Have you the original agents description/photos?

How would they help?

They might make some comment about the gardens. Obviously they are not binding etc but it all helps prove intent etc.

[JustinP1]

Intent doesn't matter.

The lease documents will show that the OP either has the right to use the 'garden', or he doesn't.

If it's the latter then this is a pretty large oversight if it were assumed that rights were somehow unwritten.

[mywifeshusband]

Manlove Family? I'm not Googling that at work.

[SpeckledJim]

TheBMWDriver said:

Thanks.

I am going to try and get a copy of my lease tomorrow to have a look.

The land its not just a adjacent bit of land, its the main garden area next to the parking spaces.

Photo here
http://www.rightmove.co.uk/property-for-sale/prope...

I have been completely shafted here.

Surely if you've got any claim over that plot:

• You'd have it in black and white

• You'd have had opportunity already to object to the planning application.

Did you not receive the plans from the council before the permission was granted?

[johnfm]

Terminator X said:

School of hard knocks, if it's not in writing (the contract) you're screwed.

TX.

What contract are you referring to?

[Chrisgr31]

JustinP1 said:

Intent doesn't matter.

The lease documents will show that the OP either has the right to use the 'garden', or he doesn't.

If it's the latter then this is a pretty large oversight if it were assumed that rights were somehow unwritten.

I agree intent doesn't matter on the contract between the Freeholder and Leaseholder, however it could matter should the OP find he has no rights over the garden and wants to take action due to the advice he received at the time of purchase.

[speedking31]

Club together with the other residents and buy the plot. May be cheaper than the 'lot of value' you will lose?

[Chrisgr31]

Any more news?

[TheBMWDriver]

with my solicitor now, I am willing to throw some money behind this.