Leaseholder and freeholder dispute

[Feebs7]

Hi,

We have a dispute with out co leaseholder/freeholder neighbour regarding ownership of an area under the stairs

Our lease says it's in our demise, with some smudgey writing over the stairs area.

Thinking it belonged to us, we added an opening into the wall so it could be accessed from inside our flat.

Previously it was only accessible by a key from a shared pathway outside the building, by the freeholder neighbour.

We do not know if our flat had a copy of this key, if it was lost, and the neighbour tried to seize it for his sole use.

As our neighbour is taking legal action and wanting massive compensation we got advice from a couple of solicitors who told our lease is unclear.

however our freeholder neighbour still maintains his lease is very clear.

His lease does have more information about it, than ours, but still not that clear, and it's not in our lease. Also we didn't see it till after we accessed the cupboard.

My main questions are:

Who is qualified to categorically state that our lease is unclear, demonstrating our actions was based on an unclear lease.

What should we do?

As for jepodising a sale...I suppose a disclosed argument over a cupboard might put people off but it's not like subsidence or dry rot . It's going to depend on how desirable the flat is and how much a buyer wants it .

I think a disclosed resolved argument would be fine. As long as the result was clearly outlined in the property info report.
Doesn't need to sound like a dispute.
More a lack of clarity in the lease that was resolved... hopefully at some point

We have tried to understand what the freeholder really wants.

I believe he really believes the stair cupboard is his, he may even have paid the previous owner for sole use of the cupboard, without recording the transaction.

So we think he genuinely feels it's his.

He tried a number of years asking mum for it back, but she still thought it was hers and it ended up a wrangle.

So it may be he finally got a solicitor just to make it more serious, and get proper action from mum.

His request for huge baseless compensation amount, threat of court action telling mum she would have to pay his fees in the likelihood (in his opinion) that the cupboard was found more likely found to belong to him,....these may all just be threats to get the cupboard back, and he could end up being happy with just the cupboard.

Equally, he could be so angry, that once he has access to that cupboard again, he may then go after mum for compensation.....

That's something we can't predict or prevent!

If he gets the cupboard back and still wants to go after mum, I would have thought we might need a good solicitor to then take it to a tribunal to see if theres any lack of clarity in the leases.

If there's lack of clarity in the lease, but it's more likely to be his, then I don't see how compensation due....even if he could prove a loss.

A one meter square cupboard.

Just reinstate it. Then it's his move.

Just wanted to thank everyone for their input.....we put the wall back so the neighbour could use the cupboard again and the legal issue went away ....

Unfortunately the neighbour has become a bit of a tyrant, and starting to bully my mum in other ways.....leaving his belongings in her demise...letting his invasive plants extend over into her garden, using mum's driveway to store his rubbish.

Now that the threat of litigation is gone, I was wondering how we can find out who the stair cupboard really belongs to???

Someone in this forum said there was a cheap way to find out?? 👀

You’d get more replies to this in the Property forum which is generally busier.