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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello 4 flats in a property each has a leasehold to the freehold

Resolved Question:

Hello
4 flats in a property each has a leasehold to the freehold can the information on the leasehold of a particular flat be different from the information on the freehold ie a garage said to belong to a particular flat no being shown on the freehold as being correct.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Does a lease to one of the flats state that the garage is included as part of the flat, or does it simply grant a right to exclusively use/occupy the garage
2. Is the garage included within the registered freehold title
Kind regards.
Tom
Customer: replied 2 years ago.

 

 

There is no garage to this particular flat on the freehold information.

The other garage is designated to the freeholders of which I hold 50% of the freehold

Expert:  Thomas replied 2 years ago.
Hi,

So, sorry, I'm a bit confused about the question you are asking.

Are you asking whether a leasehold/tenant has a right to use a garage within a freehold title?

It might be helpful is you rephrase the question...

Tom
Customer: replied 2 years ago.

 

 

Sorry Thomas there are 4 flats in the building I own 2 of these flats and thought mine had the garage belonging to it as I have lived in this building for 27 years and was a staturary tenant using the garage, and then I purchased the garage was not assigned to me at the time of purchase although on my tenancy agreement The 2 other flats are owned by other people and what I consider to be my garage I am being told belongs to one of the other flats know as 1and other garage is on the freehold of the property of which I am 50% holder but it does not indicate that the flat called 1 has a garage on the freehold information does that make anymore sense and can this be correct

 

 

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Your leases will be registered at the land registry as a leasehold title register and they will also have a certified copy of the actual lease for each lease which you can order from them if you do not hold a copy.
www.landregistry.gov.uk/wps/portal/Property_Search
I would check in the first instance on the leasehold titles whether the garage is included on the filed plan to the titie regsiters. If it is, then the garage is yours as the owner of the registered leasehold title.
If the garage is not listed on the register itself then you need to check the actual leases for the flats you own to see if it is included as part of the property (it will probably be marked as such on the plan to the lease if it is). If it is included then it will simply mean the land registry have missed it and you will have to get them to rectify it so that the register is update.
If the garage is not listed on the register and not included as part of the flat in the actual lease then you need to check the Rights Granted section of the leases to see if they grant an exclusive right for you to occupy the lease.
If the garage is not included on the actual freehold title at all and you believe you purchased it then it may be registered as a separate freehold title. You can establish the title number of the garage by submitting an Index Map Search to the land registry showing the garage edged red. They will confirm the title number and you can then check in whose name the title for garage is.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

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