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: *****@******.***
Please continue to search for someone who can answer my question. Perhaps I should have placed it in the property section.
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.
M J Hills