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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I live in a leasehold ground floor flat with a

Customer Question

Hello, I live in a leasehold ground floor flat with a courtyard to the front. The freeholder is absent and hasn't collected rent for over 10 years nor responded to last known address. The courtyard in front seems to belong to the freeholder and does not
form part of the common areas for the other 3 flats in the conversion. I would like to add a conservatory on this courtyard attached to my property. It would not effect the flats above as the main reason for the courtyard is no provide light to my flat. Do
you think I could try to seek permission to build on the land by writing to the last known address and then if no reply consider that he is withholding permission unreasonably and then just build anyway? Once I've built the conservatory I was then hoping by
buy the freehold with the other leaseholders. The courtyard is formed of three walls, mine, one to the left side and then the one in front which belongs to a freehold shop. I understand that I need to make sure they can access the back of there shop and attach
electric meters to the wall, which they have done and I would continue to allow access to the wall by not building right up to any of the wall, apart from mine. Thanks for any advice you can give.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
It is would no be a good idea to build on this land without the agreement of the freeholder. There is a risk that you might have to remove the structure if you did.
You should try and enfranchise the leases first and get the other freeholder's permission to build as you wish.
Customer: replied 2 years ago.
Thank you, ***** ***** freeholder is absent, possibly dead or moved abroad, I would prefer to use the route of trying to apply for a licence. If we buy the freehold it will become more costly for all involved. Would there be a little way to try and seek a licence to build on the land without his reply, maybe via the courts.
Expert:  LondonlawyerJ replied 2 years ago.
I don't think so. It is his land, yo can not build on it.
Customer: replied 2 years ago.
I have been told that I should be able to get the landlord to grant a lease on the land, if I sent a letter and then he didn't reply would that been seen as withholding his permisson unfairly and then I could take that to court? if we do buy the freehold, between the four flats, would all the freeholders need to agree for me to build on the land?
Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
i will wait,,
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
Please continue
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.
This is the 2nd time you have been unable to answer my question! Please can I suggest you reopen this question free of charge
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. There are no extra charges for keeping the question open.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.
I think you should refund the fee and continue to search for an answer due the poor service
Expert:  Nicola-mod replied 2 years ago.
Hello,
I have asked Customer Support to help you and you should hear from them shortly.
Thank you,
Nicola