getting joint freeholder to abide by lease

[lamettarules]

House divided into 2 flats . Both flat owners have a 50% share of freehold .Names on title ,not a company .

So if one freeholder wants to ignore terms of lease re shared costs of designated maintenance ,what can other freeholder do ?

I'm thinking not much .... legal redress would be expensive and confrontational and could deter future purchaser of either flat .

Am I right ? A compromise agreement over repairs even if not in line with lease ,better than outright hostilities ?

Anyone know anything about Declaration of Trust ?

I would indeed pursue it legally to enforce sticking to the lease because otherwise you are making your property far less attractive to sell! I certainly wouldn't buy or would advise a client not to buy a property where a precedent has been set whereby I have to pay more than the amount set down in the lease.

Thank you allthebest ,it's interesting to have your view .

pursue it legally to enforce sticking to the lease

could you say more about this and what it would involve?

It would depend on the value of work required really and how vital. If something you need to do urgently and can afford to pay for I'd do and then persue share as a money claim. If a large amount you'd need to seek a court order to force them to pay beforehand.

Is there not a clause in the lease or on the freehold setting out how things are agreed or settled in the absence of agreement. If uncertain ask your conveyancing solicitor from when you bought the property

The lease is very clear but the other freeholder doesn't seem to read it or understand it .

Apparently he's consulted his solicitor who according to him recommends that we both agree to his suggested deviations but says that re writing the lease to reflect what the joint freeholder would like it to say and give them legal staus would be very expensive .

But after some skirmishes he has agreed to pay his share towards the roof and I think will share costs of small area of internal redecs . I think he won't agree happily to share costs of external redecs - he would prefer each of the 2 flats to be responsible for their own ,though this is not what it says in the lease .

I'm inclined to reluctantly accept and compromise on this ,though it would disadvantage us because redecking the upper second and third floors we are responsible for would involve scaffolding and be proportionately more costly .

But I think the cost of legal work and bad feeling would outweigh the cost of redecorations . And if other major items come up we'll have to try and agree .

I suppose I don't quite trust him .There is a largish forecourt which his tenant uses for parking although it is marked on the lease as a common part .I often refer to it as an example of a common part requiring maintenance by both freeholders but my references and comments are ignored .

Anyway ,sorry this is a bit long .If you have stayed with me and ploughed through my witterings ,I'd value any comments .