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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own a apartment in a block of 5.One of the other owners has

Customer Question

I own a apartment in a block of 5.One of the other owners has extended his property by building on to common land with out permision what options do we have to stop him getting planing consent. The property is in Crete.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify with you please that the building work is complete?

Joshua :

From what you say you have rights over that land in your lease?

Joshua :

Who is the landlord of the building?

Joshua :

From what you say he did not obtain planning permission?

JACUSTOMER-c01fs2u3- :

No the building work is on going

JACUSTOMER-c01fs2u3- :

No the building work is on going The land is owned between 5 owners we own the land out right He is trying to get retrospective permision for what he has built

Joshua :

Thanks. How far along is the build on percentage terms would you estimate.

Joshua :

Do you have rights over the land in your lease - i.e. to use the land as garden for example?

Joshua :

I must however apologise. Clients have just arrived for an appointment. With your permission may we resume in an hour or so?

JACUSTOMER-c01fs2u3- :

He will continue to build he has destroyed most of the gardens already we are sure he is mentaly ill We have complete ownership of the gardens between us

JACUSTOMER-c01fs2u3- :

No problem

Joshua :

I do apologise the for the interruption.

Joshua :

My understanding of the position is that you jointly own the freehold of the property invluding the garden. Normally I would expect each of you to have your own lease for your individual flats. Assuming this is the case, do you also have a right in your lease to use the garden - I appreciate you own it is a joint freeholder.

JACUSTOMER-c01fs2u3- :

The land and building is owned outright between the 5 owners there is no lease drawn up for any of the individual flats for any separate right of use or way it should be shared as common land

Joshua :

Thanks. May I absolutely confirm with you that none of you have leases for your flats? This would be extremely unusual and a defect in title that would need to be rectified before you sell because it is almost impossible to get mortgage funding on a freehold flat.

JACUSTOMER-c01fs2u3- :

No there is no lease. the flat is completely freehold This is not that uncommon in greece I believe

Joshua :

Oh the flat is in Greece - you have posted this in a UK forum. I am afraid I have no expertise in Greek law. I can transfer this to EU law though I am unsure if there are any lawyers with a Greek specialism available. Would you like me to do so?

JACUSTOMER-c01fs2u3- :

Why were you advertising on the British counsuls crete web site if your group has no expertise in greek law

Joshua :

There is a EU law section on this service which I can transfer this question to. Unfortunately this question has been posted in the UK legal section. I am afraid I do not have any dealing with advertising. May I transfer this to the EU law section where a colleague may be able to assist?

JACUSTOMER-c01fs2u3- :

do

Joshua :

Certainly. I hope you are successful in resolving the issue.

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