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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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What is the legal definition of used in common in a leas

Resolved Question:

What is the legal definition of 'used in common' in a lease?
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.

wingrovebuyer : Hello. The simple answer is "used in common" means a part of the building or a fixture or service media (pipes, wires etc) used by more than one house or flat. For example, if you live in a block of flats, the hall within your flat is used exclusively by you. However, the hall from the main door of the building is "used in common" by you and the other flat owners. hope this helps?
Customer:

I think that is sufficient.

wingrovebuyer : Great, glad to have helped! Please don't forget to leave a rating. Best wishes, WB
Customer:

The issue is footpath on an estate from a common area to a unique front door over the area defined on the plan as within a leased property and the last section of water supply pipe unique to that property in a pipe from a common ring main. I believe you have answered it satisfactorily as the lease reads:

Customer:

4.(1)(c) That the Company will at all times during the said term maintain

the grounds of the Estate
in good order and properly planted and replace
such of the shrubs and plants
as may die or require
replacing and repair
and replace the boundary walls and fences on the Estate
and maintain
and
repair the garage forecourts and paths on the Estate and other
appurtenances
and amenities in good
order and condition and free from
litter and keep the Estate lighted during
reasonable hours and
to
maintain the sewers drains pipes cables wires and other apparatus serving

the Estate and used in
common

wingrovebuyer : Great - yes, this means that the Company has to maintain these things in so far as they are used by a number of properties, and not exclusively by only one property.
wingrovebuyer : This is very standard.
wingrovebuyer : Please don't forget to leave a formal rating using the rating system. Best wishes, WB
Customer:

Any comment on my reply to you before I rate and sign off?

wingrovebuyer : My comment is above. Is is ok?
wingrovebuyer : Sorry, is this ok?
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