How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

I have a flat of which i have bought the leasehold. A restriction

Resolved Question:

I have a flat of which i have bought the leasehold. A restriction in the lease prohibits satellite dishes.
A large one has been fixed near our deck. The management director states that the owner bought the freehold of the flat has obtained the right to erect this large dish.

I would be obliged for an answer.

Renee
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how many flats there are in the building please?

Customer:

17

Joshua :

Thanks. Do you know who owns the freehold - is it a third party or do some of the residents have a share in the freehold via a freehold company?

Customer:

The Director does not give me any information

Joshua :

Thanks. When did you buy the flat roughly?

Customer:

About 4 years ago

Joshua :

Thanks. There are two ways to ascertain who the freeholder is. You can either ask your solicitor to confirm - he should have advised you as part of the conveyancing process and should have the information on his file.

Joshua :

Alternatively you can obtain a copy of the freehold title entries from the Land Registry using the following link:

Joshua :

http://www.landregistry.gov.uk/public/property-ownership

Joshua :

The cost is £3 and will confirm the owner of the freehold.

Customer:

I would like to obtain a copy lf the freehold but do not know the name of the owner?

Customer:

The properties were leasehold and then people were allowed to buy the freehold.

Joshua :

You do not need to know the name of the owner to obtain a copy from the Land Registry. Just your address. It will show you your leasehold title and the freehold title for the building. Choose the latter.

Customer:

Ok txs hope that helps.

Joshua :

It is unlikely that the individual will own the whole freehold. He may have a share in a freehold company along with other residents. Even if he has a share of the freehold he cannot give himself permission. He must obtain permission from the landlord company. Most leases contain a leasehold enforcement covenant which provides that the landlord must take action for breach of covenant against any resident on request from another. On the basis your lease also contains this provision, consider asking the landlord representative for a copy of the decision giving permission for the dish or confirming when and how that decision was made failing which asking him to take action against the owner for breach of covenant.

Customer:

I do not know who the landlord is. Do i ask the director of the managing co.

Joshua :

You can ask the director and of course remember that you can obtain the freehold entries from the Land Registry as above which will confirm the name of the landlord.

Joshua :

Is there anything else i can help you with?

Customer:

Txs

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions