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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Garden access question

Customer Question

i have a leasehold flat with a share of the freehold. my flat is on the first floor of a 3 floor conversion. it was originally 2 flats so I have 2 leases and have extended them both recently, flats a and b. my leases give access to an area of garden 'access to garden edged green in the plan along with the other first floor flat'. my leases were written in 1980. subsequently in 1986 a loft (3rd floor flat), flat d was created using the same wording, 'access to garden edged green in the plan along with the other first floor flat'. when flat d went on the market I raised the question of garden access (I had not seen flat d's lease until then and had allowed flat d access). One buyer pulled out because his solicitor concluded that there was no garden access for flat d. subsequently another buyer bought flat d; the previous owner wrote to me saying they were buying the flat without the garden. this was a year ago. now they say they think they should have access because their lease says so. my view is that my lease does not mention flat d and they bought without garden access. what is likely to happen legally if they pursue this? I should say that the new owners of flat d have not been in the garden and I have been maintaining it. the ground floor flat has another area of garden which is accessed by them alone. my email address is: *****@******.***

Submitted: 9 months ago.
Category: Law
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a 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
Expert:  Nicola-mod replied 9 months 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 9 months ago.

Please continue to search for someone who can answer my question. Perhaps I should have placed it in the property section.

Thak you

Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 9 months 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 8 months ago.

Hello

I have just looked to see if you are still looking for an expert and see that you have given up. Please refund the payment I made.

Thank you

M J Hills

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