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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am currently own a leasehold flat in London and am in the

Resolved Question:

I am currently own a leasehold flat in London and am in the process of applying - to teh freeholder - to extend into an interior communal area. This area is very much dead space and lies between the entrace of our flat and our nearest neighbour's. Our neighbour has made it clear that they would oppose this application even though the extension would in no way affect their property, or impede their passage-way to the nearest exit. If the freeholder accepts our proposal and wants to sell the space, would our neighbour have grounds to prevent us from proceeding?

Many thanks Andrew
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Your neighbour could object if their Lease grants them a specific right of way over the area you intend to buy. If so,this is because the Freeholder has granted the neighbour a right to pass over this area and if this area is no longer "accessible" by your neighbour, the Freeholder would be in breach of their covenant under the neighbour's Lease.
Many Lease just refer to granting a party a right of way of "the coomunal hallways" rather than referring to a specific area by means of a Plan. If yours and your neighbour's Lease does just refer to "the communal hallway" as opposed to showing a specific Plan denoting the communal hallway/passageway, then you are OK!

You therefore need to go through the terms of the Lease.

Kind Regards
AL
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Al,

That is most helpful. I just found what I believe the be the relevant section in the lease which says under the section titled "rights granted to the tenant". I'd appreciate your thoughts on the below...

1. Full right and liberty for the tenant and all persons authorised by him in common with others entitled to a like right at all times and for all purposes connected with the use of the demised premises as a private dwelling

1.1 Of access to and from the demised premises on foot along the landings, staircases, lifts and hallways in the building of which the demised premises form part giving access to the demised premises and the paths within the estate and on foot over the footpaths and on foot or with vehicles over the roadways within the Estate

Thanks again, Andrew


Customer: replied 3 years ago.

Hi Aston,

I haven't used this service before so wanted to check you got my last email. If you need more info please let me know.

Best Regards, Andrew

Expert:  Aston Lawyer replied 3 years ago.

Hi Andrew,

Thanks for your replies and apologies for the delay.

You have picked the relevant section from the Lease- which is "landings, staircases, lifts and hallways".
Provided the "landings..hallways" is not defined at the start of the Lease by reference to a Plan (ie there is not a definition of these areas at the beginning of the lease saying "the landings,staircases..hallways as shown coloured blue on the attached Plan" then you are in the clear, and the neighbour won't be able to object.

I hope this helps.

Kind Regards
AL
Customer: replied 3 years ago.

HI Aston,

Again that is great advice, much appreciated. FInal question!

Our neighbours have been particularly vindictive so far. If they attempt to pursue any kind of legal action (if even possible) would it likely be against ourselves or the freeholders?

Am really just trying to anticipate the worst case scenario !

Thanks vm, Andrew

Expert:  Aston Lawyer replied 3 years ago.

Hi Andrew,

The neighbours would have to take action against the Freeholder.

You have no duty to your neighbour, in that their "Contract" (being the Lease) is between them and the Freeholder.

Good Luck!

Best Wishes
AL
Customer: replied 3 years ago.

Once again thank you for the helpful and timely advice! I have left positive feedback

Expert:  Aston Lawyer replied 3 years ago.
Thanks Andrew!