Having nothing better to do yesterday, I was reading the lease for my flat which I bought several years ago...
...long story short....
...after a visit to land registry web site and paying to download various documents, it appears their is no legal documentation to support my belief that I own my garden...
In the development where I live there are 300+ flats, almost all the ground floor flats have a garden attached. In my building there are 10 flats with gardens, eight of which (including mine) are similar in layout to each other.
My immediate neighbour's flat (which I obtained the plan of for comparison) does have the garden marked as part of the property, though the plan also seems to indicate that he doesn't own his kitchen! (Given that it's a room with no boundary with an exterior wall of the building the freeholder who must therefore be the owner by default is going to have some trouble making use of the space.)
My best guess, based on the dates various leases were issued, is that the developer had a crap conveyancer during the period these ground floor flats were sold. There are 2 or 3 other flats of the 10 that look like they had the same problem, and all flats with the problem were sold during the same contiguous time period in 1990. (Flats sold before and after the time period were all done correctly.) I say 2 or 3 because there are 2 that appear to be in the same boat as mine plus one of the other 10 has a note to say that the plan was been altered by variation agreed with the freeholder in year 2000. Don't know what the alteration was but suspect it might be the same issue.
Am following up with solicitor who did conveyancing for me.
Feck it.
The devil creates problems for idle minds.
...long story short....
...after a visit to land registry web site and paying to download various documents, it appears their is no legal documentation to support my belief that I own my garden...
In the development where I live there are 300+ flats, almost all the ground floor flats have a garden attached. In my building there are 10 flats with gardens, eight of which (including mine) are similar in layout to each other.
My immediate neighbour's flat (which I obtained the plan of for comparison) does have the garden marked as part of the property, though the plan also seems to indicate that he doesn't own his kitchen! (Given that it's a room with no boundary with an exterior wall of the building the freeholder who must therefore be the owner by default is going to have some trouble making use of the space.)
My best guess, based on the dates various leases were issued, is that the developer had a crap conveyancer during the period these ground floor flats were sold. There are 2 or 3 other flats of the 10 that look like they had the same problem, and all flats with the problem were sold during the same contiguous time period in 1990. (Flats sold before and after the time period were all done correctly.) I say 2 or 3 because there are 2 that appear to be in the same boat as mine plus one of the other 10 has a note to say that the plan was been altered by variation agreed with the freeholder in year 2000. Don't know what the alteration was but suspect it might be the same issue.
Am following up with solicitor who did conveyancing for me.
Feck it.
The devil creates problems for idle minds.
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