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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

brazenly posting for traffic - joint freehold issues

10 replies

freddiemercury · 24/10/2022 14:58

hi there,
I've lived in purpose build ground floor flat of a terraced house. There is only one more flat - the one upstairs. We have a shared garden, that is not divided and wasn't when we bought the flat about 18 years ago. The upstairs freeholder has always rented out the property - his tenants have been free to use the garden but most of them haven't - their choice.
He's now trying to sell his upstairs flat.
He has done building works to the interior...in the process he has burst a pipe that's caused major damage to our bedroom ceiling. He has said he would get it repaired - but nothing as yet.
Secondly he's just tried to present us with a bill for works to the roof and guttering. I completely accept it's a joint responsibility but he hasn't discussed in advance. He's using the same builders who damaged our ceiling and haven't repaired it. As I understand it any joint work should be agreed in advance and quotes taken from different people and then and only then should it proceed. . But google is a bit unclear on this....so just wondered if anyone knew definitively if I'm correct.
He has also told us he's going to divide the shared garden. We absolutely don't want this to happen, it was whole when we bought it and we want it to stay that way. He's said it would make it easier for him to sell - it might well do but we are happy with it as it is and don't want it to be divided we want to keep the status quo.
He's now bullying me and threatening me with solicitors. I'm just wondering how worried I should be.....I've had issues with him before - apart from anything he's a complete misogynist and always says he only wants to speak to my husband....
I certainly can't afford legal fees at the moment..
Would love to hear any advice anyone can give me or similar experiences and outcomes.
And THANK YOU to anyone who can help...

OP posts:
Original poster
freddiemercury · 24/10/2022 14:59

And er sorry for the essay.....

OP posts:
Eastangular2000 · 24/10/2022 15:00

What do your deeds and leasehold agreement say regarding the garden?

onmywayamarillo · 24/10/2022 15:08

Well he's going to have a hard time selling it with documented neighbour disputes! So you might want to add that into your next email.

Just email him bullet points of everything you've written down. And for warn him you'd like to sort it out amicably, as you wouldn't want your solicitor to notify any prospective tenants of any sort of dispute!

Original poster
freddiemercury · 24/10/2022 15:15

Just that it's a shared garden and any changes need to be agreed by both parties. I'm worried though that he's going to try to pull a fast one somehow because he's banging on that we've had exclusive use of it for years. A) we really haven't...his tenants have used it. And B) We bought it as a shared garden not a split one...but does that make a difference???

OP posts:
Eastangular2000 · 25/10/2022 10:07

freddiemercury · 24/10/2022 15:15

Just that it's a shared garden and any changes need to be agreed by both parties. I'm worried though that he's going to try to pull a fast one somehow because he's banging on that we've had exclusive use of it for years. A) we really haven't...his tenants have used it. And B) We bought it as a shared garden not a split one...but does that make a difference???

If he is saying you have had exclusive use, you may be able to claim adverse possession. If it's in the deeds as a shared garden them he can't unilaterally change that so I would just ignore him.

Clymene · 25/10/2022 10:11

Any repairs should be agreed by both freeholders so he shouldn't have done the work first. You could ask him to pursue you for your share or at least until he's fixed the damage.

Re the garden, tell him to sod off. He can't change what's on your deeds.

Original poster
freddiemercury · 25/10/2022 10:20

You are all so kind for taking the time to reply. Thank you so so much. He's such a deeply unpleasant person that it's scary. We are supposed to go away this weekend to visit family and I have nightmares of coming back to a split garden or god knows what else! He has sent the vilest text messages to my husband...

OP posts:
Jibo · 25/10/2022 10:30

What do you mean by "the upstairs freeholder"? Does he own the freehold for the house or do you share it between the two of you?

You should definitely get legal advice and in the long term it will be worth paying for it, but in the meantime you may find this site useful: www.lease-advice.org/

Wildeheart · 25/10/2022 10:47

Repair costs should be agreed by both of you and then split. As the works have already been done, you will have to work out what would have been a reasonable quote and then you can suggest that. Worth double-checking that you actually have to contribute to the cost of roof works - if the roof is included in the top floor you may not have to pay towards its upkeep.

He will need your consent to split the shared garden and the change would need to be documented in a deed. If he is claiming that you have had exclusive use it is actually to your benefit for reasons mentioned by a PP. remind your neighbour that you would rather this didn’t turn into a dispute involving lawyers as he would then have to disclose it to prospective purchasers which would make it difficult for him to sell.

Original poster
freddiemercury · 25/10/2022 17:42

Thank you so much for the brilliant advice

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