Why can freeholder build on communal garden?

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Why can freeholder build on communal garden?

Post by bstalker » Sun Sep 25, 2011 1:20 pm

I live on a small estate of 5 houses and 2 apartment blocks, we all have a benefit in a shared communal garden in the middle of the site to which we all pay a maintenance fee. The local planning authority has given the freeholder of the site planning permission to build a detached house on part of this communal garden and now he has has applied to annexe a further portion of our garden to make a private garden to this new house in order to try and sell it. I am confused as to how he got planning permission to build on a communal garden and continue to annexe more of it to sell to a third party - do we have any rights to object to the planning authority ? or does it just become a legal matter between ourselves and the freeholder once he builds on the garden.? Any advice would be appreciated?

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Re: Why can freeholder build on communal garden?

Post by juliet » Sun Sep 25, 2011 4:25 pm

It isn't a planning issue but a legal issue between the freeholder and the leaseholders. It will depend upon your leases state.

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Re: Why can freeholder build on communal garden?

Post by despair » Sun Sep 25, 2011 11:51 pm

Anyone can get Planning Permision on land irrespective of whether they own it

However much will rest on exactly what all your deeds say as to your rights over the communal land

You all need to get together and see how many of you have Legal Expenses Cover on mortgages/insurances /credit cards/union memberships and if nessecary get a injunction to stop the building if its illegal

if you can scan and copy your deeds (omitting names and addresses of Course) then Conveyancer or Rob Lewis should be able to interpret them

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Re: Why can freeholder build on communal garden?

Post by gardenlaw » Wed Sep 28, 2011 8:55 am

You would need to decide and act quickly now you have positive knowledge of his intentions so that you do not allow him to spend money on the site thinking noone objects. Who do you pay the management fee to? Is it the freeholder? There is some kind of legal relationship with the freeholder in your deeds and this is the key to your rights.

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