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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3695
Experience:  Two years conveyancing experience.
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I have granted a 999 year lease on a small plot of land adjacent

Customer Question

I have granted a 999 year lease on a small plot of land adjacent to my garden to an office block. In the lease I require them to construct , maintain and amend thereon a car park for no more than 14 spaces.
They are planning to continue using this area thereon as a 14 space car park but have now applied for planning permission to construct a car park underneath the demised area. Assuming they have planning approval, is it a matter of law, or a presumption that on leasing the demised said parcel of land they have the rights to construct and use the subsoil as a car park.
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

It is difficult to answer this question with out seeing the wording of demised and leased area, however I would say as a matter of law it is generally presumed that the lease will not include the subsoil of the property. Taking a common sense approach there would be no reason to agree to this due to the potentially detrimental affect it could have on surrounding property.

That said it really depends on what the wording in the lease is and also did you have any idea that they wanted to build a subterranean car park?

I look forward to hearing from you.

Kind regards

AJ

Customer: replied 3 years ago.
Will take a look at the lease and get back to you Alex
Regards Ahmet
Expert:  Alex J. replied 3 years ago.
Thank you very much.

Kind regards

AJ