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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I live in the Uk and I am currently trying to sell

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Hi there, I live in the Uk and I am currently trying to sell my flat, which is one of four within a converted house. The basement flat has its own garden, and for as long as I have been there (7 years) the other 3 flats have shared the front garden. I own a quarter share of the freehold to the house, and on the deeds only the garden belonging to the basement flat is referred to.

When I placed my flat on the market I was contacted by one of the other flat owneres and told that I would have to remove 'use of shared garden' from my seller's advertisement, as our lease did not stipulate use of the garden, this was only on her own and the ground floor flat's leases. She said that we had been allowed to use the garden only through goodwill (we have been there longer than her or the other flat's owner) and that they were withdrawing this privilage as we were selling on.

I just wanted to know whether we , as freeholders and because of the deeds, have any case against this?

thanks, Sarah

Hi,

 

Thanks for your Question.

 

You should ask your solicitor to check your lease in the first instance to see if what the leaseholder is saying is correct.

 

If it is then the Lease can only be varied with the consent of each of the freeholders AND the leaseholder themselves. A deed of variation would have to be executed and usually the leaseholder would require a fee to be paid because they would argue that the value of their property is diminished by shared use.


If the leaseholder is not amenable to a variation or otherwise an informal confirmation that the shared use shall continue then there is not a great deal you can do I'm afraid because in order to otherwise claim a right of shared access you would have to have been exercising the right informally for a period of 20 years in order to claim it by prescription.

 

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Kind regards,


Tom

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