Freeholder has reassigned area defined as shared for another use. What rights do I have?

[southsea]

I am buying a leasehold first floor flat in a building consisting of a ground floor restaurant (leased from the freeholder) a first and second floor flat.

In both the first and second floor flats title deeds there are internal communal areas defined such as the stairs to our personal front doors from the outside front door.

One of these areas is defined as a shared bin storage area located in a small room at the bottom of the stairwell, enclosed by its own door from within the flats shared area.

After buying the property I noticed that this door was nailed shut and after forcing open noticed a stud-work wall behind. I approached the lease holders of the restaurant and was informed the free holder of the building have given them permission to integrate this area into their restaurant.

Was this legal, as this was clearly defined as a shared area for the two flats and has now left us, the flat owners, with no sealed storage for rubbish. This means either all rubbish has to stay within our own flats till collection day, or in the shared stairwell, which causes the whole of the shared stair area to smell especially during hotter months.

Can we legally get the freeholder to reinstate this area as defined in the deeds to our flats?

[mariner51]

Complain to your conveyancing Solicitor.

[BazzaS]

I am buying a leasehold first floor flat in a building consisting of a ground floor restaurant (leased from the freeholder) a first and second floor flat.

In both the first and second floor flats title deeds there are internal communal areas defined such as the stairs to our personal front doors from the outside front door.

One of these areas is defined as a shared bin storage area located in a small room at the bottom of the stairwell, enclosed by its own door from within the flats shared area.

After buying the property I noticed that this door was nailed shut and after forcing open noticed a stud-work wall behind. I approached the lease holders of the restaurant and was informed the free holder of the building have given them permission to integrate this area into their restaurant.

Was this legal, as this was clearly defined as a shared area for the two flats and has now left us, the flat owners, with no sealed storage for rubbish. This means either all rubbish has to stay within our own flats till collection day, or in the shared stairwell, which causes the whole of the shared stair area to smell especially during hotter months.

Can we legally get the freeholder to reinstate this area as defined in the deeds to our flats?

 

The advice you've already had to contact your conveyancing solicitor is correct.

 

It would be useful to know if the land is registered or unregistered, and if the lease was executed by deed, by estate contract or verbally (it seems likely it was by deed, but was it a valid deed as you refer to "title deeds ", but it is worth checking!).

 

When (especially in relation to the dates of purchase : exchange & completion) did the restaurant start using the area, and did you get a homebuyers report +/- building survey. If so, was this for your benefit or the benefit of e.g. A mortgage company, and did they note the walling off of an area shown on the deeds?

 

Areas to explore would be if the restaurant have no valid easement to use that area, where you might be able to take action for nuisance or an injunction if the landlord won't help, or if you can identify (if the restaurant has a valid easement ) why this wasn't identified during your purchase.

[andydd]

The lease is the place to look, generally the lease will show areas demised to you and areas demised to the FH, the lease may or may not give you access to the FH demised common areas.

 

Ultimately any legal case would hinge on what the lease says/shows, that is the legal contract between LH and FH, it can be changed ( a deed of variation) but only if agreed between FH and LH (s).

[andydd]

Complain to your conveyancing Solicitor.

 

Although all the paperwork might have been correct and it was only upon further detailed investigation that the problms arose. Its not clear if the conveyancer should of been aware of this.

[southsea]

A survey was completed by the mortgage company, but I assume like I did, they thought the door was locked to the bin area and as this was not part of the "property" only a shared area, did not peruse to find out if there was access?

 

It was not till the bank changed the rules on holding lease and deeds several years after I purchased the property and sent me the original lease and deeds that noticed that this area was clearly defined as part shared between my flat and the one above.

 

What if the previous owner of my flat agreed to the change with the freeholder, should the lease and deeds been altered and resubmitted to the Land Registry?

 

What I now worry about is if I try and sell and this area is no longer part of the property, would this stop a sale going through if unresolved?

[mariner51]

OP is short on dates. When did OP purchase property?

Bank sent original Deeds and OP noticed diff with his own Deeds, which I assume must be more recent.

Mort Co survey worthless, only 'is will current property value cover size of loan'.

£4 will enable OP to view current Deeds registered with LR.

Where are the bins now? Most blocks of flats don't have a sealed or closed area for rubbish bins, just secluded.

[BazzaS]

I concurr that a survey on behalf of the mortgage company is to protect their interests, not yours : (beautifully summed up by : only 'is will current property value cover size of loan'.)

 

Checking the Land Registry is useful if the land

a) is now registered , but if it was previously unregistered it may only have been registered after the leasehold was sold as a result of the conveyancing, so

b) if it was also previously registered prior to the leasehold's sale.

 

If it was unregistered land, then it would be checking the Land Charges Register (held in Plymouth) at the time of sale, rather than the Land Register, which should show any easement.

 

Your conveyancing solicitor should have records of what searches for charges were performed at the time.

[andydd]

Most of thew above info should be avilable on Land Registry site, its £4 for the summary of information and about £15 or so if you need a copy of the lease (and drawings that go with it).

[BazzaS]

Most of thew above info should be avilable on Land Registry site, its £4 for the summary of information and about £15 or so if you need a copy of the lease (and drawings that go with it).

 

If it was registered land prior to the lease. .....