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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi I'm selling my lease hold ground floor flat. When I purchased

Customer Question

Hi I'm selling my lease hold ground floor flat. When I purchased the flat fourteen years ago, my solicior noticed that in the lease the back yard was not mentioned. After enquiring about this the freeholder confirmed that the back yard was not part of the flat. However, if I maintained the fence and gate and kept if free of weeds and didn't block the fire exit from the flats above. I could have sole and private use. I have done this now for forteen years, the freeholder has never been interested in this small patch of land. But now it would appear he want to charge me for using the land, and will not confirm the arrangement about maintaince to my buyer. Do I have any rights?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

I am afraid you have not acquired any rights over the land. As the Freeholder "consented" to you using this land in return for maintaining it, all you have is what is called a Licence over the land, which can be terminated by the Freeholder whenever he wishes.

A party only acquires any rights over somoeone's if they have possessed land by "adverse possession" (ie without the consent or permission of the true owner) for a period of 10 years or more if the land is registered at the Land Registry.

Your hands are therefore somewhat tied.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


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Customer: replied 2 years ago.
ForCustomer many thanks for getting back to me so quickly. When this agreement was made back in 2001. I have it in writing that this agreement was for the remainder of the lease of the flat. Are they still able to end it, even if I have met all the conditions? Richard
Expert:  Aston Lawyer replied 2 years ago.

Hi Richard,

Thanks for your reply.

Was this agreement formally put in writing and signed by both parties and witnessed?

Kind Regards


Customer: replied 2 years ago.
ForCustomer sorry no just a letter sent from the freeholders agents signed by them.
Expert:  Aston Lawyer replied 2 years ago.

Hi Richard,

I'm afraid that any grant of any rights in land has to be by way of a Deed (ie a document signed by both parties and witnessed). Therefore, the letter you have is worth nothing in legal terms.



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