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Leasehold garden question

10 replies

biggerboat · 15/06/2021 20:52

Good evening
I live in a ground floor flat, the upstairs flat owns the back garden that my back door opens out on to.
The garden isn't used at present as the upstairs occupant is an elderly lady that isn't terribly mobile.
We are both leaseholders the freeholder is a local authority housing association.
I am thinking of approaching the upstairs occupant to ask if I could buy the garden, but as it is leasehold I am guessing it's a no go?
Anyone have any knowledge of leasehold garden sale issues? Thank you for reading

OP posts:
parietal · 15/06/2021 21:51

how long is the lease? if there is a very long lease on both properties with no conditions imposed, then it might be possible.

but your neighbour might ask a lot of money for the garden

biggerboat · 15/06/2021 22:25

Thanks parietal. My lease is 100 years. No idea what hers is, and yes, likely an expensive purchase, it's a reasonable size garden.

OP posts:
Livingintheclouds · 16/06/2021 07:45

That's an odd arrangement. But you/she will need it determined how much of value will she loose by selling the garden. I think you need a solicitor involved, and most likely permission from the freeholder.

GU24Mum · 16/06/2021 08:12

Hi OP, the steps would be:

Neighbour to agree to this and you both to agree to a sale price and what you want to do about her legal costs. She might not use it but her family may not be keen on her selling it off (if she's asking them). If the neighbour has a mortgage, her mortgage company will need to consent and to release the charge against that part of the title.

If that's a green light, speak to the freeholder and ask for consent. You'll have to pay their fees too (on the basis that they'd have no costs if you didn't want to do this).

If that's OK, the upstairs lease needs to be changed by a deed of variation to remove the garden from the demise (this is the description of what land/buildings are included in the leasehold title). A plan of the garden will need to be prepared by a surveyor as it will need to meet Land Registry rules.

At the same time, you need to be given a supplemental lease of the garden by the housing association. It's theoretically possible for the neighbour to assign the garden to you but leases usually don't allow parts to be sold off sideways rather than up and down if that makes sense?

You'd also need to check there are no planning provisions which would stop this being done though if it's passing from one flat to another, that's probably unlikely.

Both transactions need to be completed simultaneously .

All the changes need to be registered at the Land Registry.

Doable of course but those are the steps and the various fees that you'd have to pay for in practice.

BernieWales · 16/06/2021 08:55

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biggerboat · 16/06/2021 16:47

Thank you all so very much for your detailed information. That's very involved, as I thought it would be. I will ponder.
And yes, it is a bizarre arrangement. I was a bit of naive first time buyer.
Thanks again all

OP posts:
BernieWales · 16/06/2021 17:05

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helpmewiththispleez · 16/06/2021 17:13

It does sound really strange usually it's a front half one place back the other. How can the top flat access it? When I was in a maisonette we on the top floor had the big front garden and the ground floor had the back garden and a small path area to their front door.

biggerboat · 16/06/2021 19:54

I know Bernie -lesson learned.
It's accessed by a side entrance, it isn't easy for upstairs to get to really. I do have right of access -can hang washing out etc. I have had sole use for a few years, but it's looking likely my neighbour is going into a home so will get new neighbours who will probably want to use their garden.
The legal side of things, ball park figure cost wise??

OP posts:
BernieWales · 17/06/2021 11:51

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