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Hello. I am the leaseholder of a top floor maisonette.

Hello. I am the leaseholder...
Hello.

I am the leaseholder of a top floor maisonette. The fence seperating my garden and the garden owned by the ground floor maisonette has fallen down. The lease states the following r.e the fence -
'(I) SAVE for the fences marked with "T" on the said plan which fences shall belong to and be part of the demised premises all fences seperating the demised premises from the adjoining property and all walls common to the maisonnette here by demised and any adjoining maisonnette shall be deemed to be party walls to be maintained and repaired at the joint expense of the lessee and the tenants occupiers or owners for the time being of the adjoining property there by separated"

The "T" on the picture is the fence in question?

Many thanks.
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Answered in 3 minutes by:
10/28/2013
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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thank you.
What would you like to know about this? You haven't actually asked question yet.
I will need the background please. Thank you
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Customer reply replied 4 years ago
Sorry,

I wanted to establish who own and is responsible for the repair of the fence, if anybody. The lease appears to state both lease holders are?


The situation with freehold properties is that even if this
provision is in the deeds, it does not pass down to subsequent owners unless
there is what is known as a chain of indemnity covenants where subsequent
owners covenant to repair the fence each time the only changes.

The situation with a leasehold property is different and any
covenant to repair offence is enforceable by anyone having an interest in it.



The wording is terrible but you don't need me to tell you that! You
need to break the clause into pieces. It is a strange quirk of legal drafting
that there is no punctuation however I read the clause as follows...



I'm going to paraphrase this. The term in the lease in effect
says that: except for the fences marked with the T (which belong to and are
part of the leased premises) all fences between the property and next door are
party fences and repaired at the joint expense of the tenants of each property
separated by the fence.



So, the fencing question being marked with a T belong to the
leased premises of which the deed refers to.



Does that answer the question? Can I help further?

James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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