Share of Freehold flat and shared garden between two ground floor flats

[jbalciunas]

Hi,

I was wondering if anyone had experience with splitting the garden after purchasing the share of freehold flat with a shared garden.

I know shared garden is shared, but as both flats would have access to the garden if split, is this a possibility at all to have it separated?

Thank you

[AwkwardPaws27]

Have you checked the lease plans? When we bought ours with SOFH, the garden was advertised as shared but on the plans we owned half each. Our neighbours expressed interest in splitting the garden which suited us, so we just put a fence up.

If it is marked as shared ground on the plans, you'll need to get a solicitor to draw up new plans for the lease, which both parties need to agree to.
If your purchase hasn't gone through yet it would probably be cheaper to get it done with the purchase, but might delay things.

[jbalciunas]

AwkwardPaws27 thank you.
i am yet to put an offer on it. Would this be in the pack which would be viewed by solicitors?

[AwkwardPaws27]

Yes, it should be on the lease, which your solicitor will need to see.
If splitting the garden is a deal-breaker, I'd ask before you commit to anything, as if it is communal and the joint freeholders disagree there won't be much you can do.
Ask your solicitor to clarify the ownership of the garden ASAP, as if half belongs to your flat on the lease I don't think you'll need to anything but discuss with the neighbours and put a fence up (probably at your own expense; our neighbours paid as they requested the fence for their dog).
If it's not clear on the plans, or is communal, you can then approach the issue of splitting it. You'll probably have to pay for new plans etc but if it's done as part as the sale it shouldn't be more than a few hundred if the other freeholder agrees.
You might want to check the lease length too (this still matters with SOFH, although some people are under the impression it doesn't), as if you are altering the lease and it's under 80 years, you might as well extend it to 999 years if the other freeholder agrees. Saves paying for an extension in 5 years or so.
Good luck!