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Thanks for the reply. I just need a bit if additional clarification on the points below for the preferred couse of action.
My feeling is that currently most of the flat owners in the house actually think that the garden is actually demised to the flat.
I suppose then the way to proceed with the purchase is to ask the common premises to be excluded and eventually ask for a discount before exchange given the misrepresentation.
Is there a big danger if I keep the common premises within the title plan. Up to now their repair has been included in the service fee.
I would like eventually to demise the garden. Should I just give it a "speculative" try to ask to exchange the common premises for the garden (they are approximately same size, around 12m2), see if there is by chance an agreement and eventually finalize after the purchase. Or should I ask directly the freeholder for an estimate for demising the garden before completion and then deal with the whole process after?