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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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Hi - I recently submitted an application to extend my leasehold

Customer Question

Hi - I recently submitted an application to extend my leasehold flat to the council. My flat is in a converted house with two others. All 3 owners of the flats including me are also joint freeholders. My planning application to the council has been approved.

The owner of the top flat has given me written consent but the owner of the middle flat has objected and is being very difficult. At first she wanted to build on my proposed extension (I own the ground floor flat), and when my architect told her that she wouldn't get that approved in our conservation area, she has come up with excuses that my extension will restrict her view and she does't like the proposed flat roof. The proposed flat roof will restrict her current view of my deck, nothing else. There is currently a bathroom in the current extension which will be removed as part of the proposed extension.

In my title deed it does say that I need consent from the other two freeholders but it also states that consent cannot be reasonably withheld. I feel she is just bitter about my proposed extension. Both the owners of the other two flats rent out their properties.

Is there any way I can fight this?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. The key to this is whether or not she is being unreasonable. That will depend on the fine details, but the fact you've been granted planning permission suggests any objections she has were not shared by the council who our have considered the effect on her flat. Accordingly, my view is that she is holding consent unreasonably.
wingrovebuyer : So - what to do? I say you have two options if she's not prepared to consent. 1. Take her to court, demanding a declaration for consent. 2. Start your building work and let her attempt to take action. The latter carries risk because we're she to injunct you, she might delay the works for a few weeks before it gets to a full hearing. However, how likely is she to take this action?

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