The neighbours upstairs were selling their flat the other week, and i found they were advertising their property with a 'communal garden'. I of course called the estate agent and told them to correct it. I then got an angry call from the neighbour saying it wasn't within my rights to do it!
Anyway, it's been a run of problems with the guys upstairs... namely the fact that he converted the box room into a 'studio' for dj'ing without actually putting insulation in. Really it was a killer. And this is the nail in the coffin!
So anyway, we have plans, with what we have as part of the property outline in red pen. That's part of the lease which we were given when we exchanged/paid up everything with the seller. This includes the garden. This is shaded in Orange. This is outlined in red pen.
I checked my lease, and it said I have "Full right and liberty for the tenant and all persons authorised by him (in common with all other persons entitled to the like right including but without limitation the landlord and the tenants and occupiers of the other residential units in the Building) to use the garden (colours orange) for the purpose of quiet enjoyment only....".
The neighbours haven't any documentation, or they would have showed me. Next door, who also own the ground floor have a similar deal in that they 'own' the garden downstairs. We've been spending money to make the garden nice, and put up fencing and a door. I just wanted to know what you guys thought and what my position was!
Bit worried. It's a garden spot just next to my patio, so it's right next to my building. Want to keep it private so I can sleep at night, secure from potential weirdo's and noise!
Why have the orange shading as well as the red boundary on the plans. If it was just yours it would just have a red boundary and wouldn't need a orange shading to indicate another element of the lease?
I wonder what others think?
The actual plan we have (showing red pen for 'what comes with the property') indeed has that garden shaded in orange. But the map also indicates 'communal' areas, these are of a different pattern.
The legend/key on the map clearly states that areas shaded in this way are shared/are communal. This basically relates to the very front of the property and areas around the parking spaces out back.
So i was thinking, if indeed this was communal, why wasn't it shaded the same as the other bits on the map?
The legend/key on the map clearly states that areas shaded in this way are shared/are communal
Yes.Is there a key on the map that refers to what the orange hatching means then?
From what you are saying the rear garden, which is under dispute, is not shaded orange and therefore not shown on your Deeds as a communal garden?
It would be worth donwloading the Deeds of your neighbour fro the Land Registry website to see what is detailed within their Deeds. If this shows the same as yours you are right to question this, both with the neighbour and provide copies ot the estate agent so that they do not mislead a potential buyer.
It may be worthwhile getting hold of the land registry title to clarify.
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A very silly thing to do if its not true as this would leave the seller open to a claim for damages from the new owner.......although the legal process should identify such an anomoly.