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 Remus2004 Your Own Question

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice.
Type Your Property Law Question Here...
Remus2004 is online now

I have a nuisance neighbour and I want to buy the share of

Resolved Question:

I have a nuisance neighbour and I want to buy the share of freehold. I have been living at my current leasehold maisonette for just under 13 years and I have 85 years remaining on the lease. The property owner in the maisonette above me bought the flat 4 years ago and as part of that sale he received the freehold. During the 12 years I have been here, the lease was offered by the original freeholder to myself and Oner 1 upstairs, at the time I couldn't afford to buy it. She bought it and sold the flat with the freehold to owner 2. He sold the flat with the freehold to existing nuisance neighbour, called Owner 3.

Owner 3 & wife haven't been very good neighbours and the situation has worsened in the past 6 months as he wants to buy my property and is trying to force me to sell to him by trying to enforce that we need to repair the roof and I am liable for half of the costs. He said that he had leaks in the roof due to storms and it needed to be fixed ASAP and I either had to sell to him or pay for half of the repair. I told him that the insurance covers all storm damage work. After I lent him my keys to do some work, he returned them, but I then discovered that my flat was broken into several times, culminating in my calling the police and having the locks changed, the breakins stopped after this. There have been numerous incidents where he has entered my garden without permission, he also removed my garden fence without permission to install his own 7ft fence. Installed Piping work on my side of the property without gaining permission and causing damage to structures in my garden and leaks into my kitchen and bathroom. The list is too compressive to list here as there's not enough space, I have prepared more detail if I can send on?

I'm after advice on how to legally handle the situation and how to proceed with buying a share of the freehold

Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

am sorry, but if this is a Resident Landlord and it is not a purpose-built block of flats but a house conversion and he lives in the building, you have no right to buy the freehold under the current statutory provisions.

What do you want to do with regard the rest of the situation?
Customer: replied 2 years ago.

Hi Jo,


Thanks for your response. It's a purpose built maisonette, there are two properties in the building. When I originally bought the property I was told it was purpose built, is there any way I can find out? Does that make a difference?


So I don't have a right to buy the share of freehold? Do I have a right to extend the lease? Extending the lease doesn't enable me to change any of the terms so it's not ideal. If I definitely can't buy a share of freehold, the only impetus for me to extend the lease would be to ensure that a sale went through easily. I have no intentions of selling to the occupants upstairs, they are untrustworthy. Should the two previous owners have given me an opportunity to purchase the freehold when they sold the property?


What can I do with the rest of the situation? If I take a complaint to the police, is there anything they can do / would be interested in doing to support me? Would they not be interested? Have I left it too long? Can I achieve anything from it? I'm a single female living alone.



Rosilyn Carroll

Expert:  Remus2004 replied 2 years ago.
This is the relevant legislation

Section 25 (5) (a) says that you cannot buy the property if it has a resident landlord.

Resident landlord is then further defined : If it is purpose-built flats the landlord is not classed as a re resident landlord even though he may live in the property. He is only classed as a resident landlord for the purposes of this legislation if it is purpose-built property

And the definition of purpose-built is in clause 58(1A) (2) (a) and (3) which says that it is purpose-built if it contained as constructed and still contains two or more flats. So you would need to speak to a surveyor to establish whether it was built as flats or has been converted.

So if this is a purpose-built block you can buy the freehold part. It is not a purpose-built block you cannot.

However regardless of the above, you do have a statutory right to extend the lease but the landlord is entitled to charge you for that.

Calculating the lease extensions is extremely complicated and based upon a whole load of different factors. It is however based upon a strict formula.

Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks, ***** ***** helpful. Do you have any surveyors you could recommend?

If not, I'll google and get a few recommendations

Thanks again

Expert:  Remus2004 replied 2 years ago.
I am pleased to have helped you.

Any surveyor but knows the local area or property value will probably be able to tell you simply by looking at the building whether it is purpose-built or not. In fact, if you walk through the door of most estate agents they will probably be able to give you a good idea

it may also be worth looking at the deeds because the deeds may have reference.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69258
Experience: Over 5 years in practice.
Remus2004 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



    Satisfied Customers:

    Over 5 years in practice.
< Last | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

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