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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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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 and other Property Law Specialists are ready to help you