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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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There are two flats in a house. Each flat owner (upper and

Customer Question

There are two flats in a house. Each flat owner (upper and ground floor/garden) has a Leasehold. Additionally, the two flat owners/Leaseholders are the joint owners of the Freehold. All three Titles have no mention of any special conditions about consent for alterations, building extensions or development.
If I am the upper flat owner/Leaseholder and a joint freeholder, do I have any right under Freehold law, to stop the ground floor/garden Leaseholder (and joint Freeholder) from building/developing in the ground floor/garden?
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.

Could you please clarify whether the proposed extension forms part of the ground floor flat, as granted under your neighbour's Lease? (as opposed to forming part of any communal garden which forms part of the Freehold).

Al

Customer: replied 2 years ago.

Part of the ground floor flat or change the stand-alone garage into another dwelling. Either would be on the Ground floor flats 'property', i.e. within the area of the flat as shown on the Title Lease and the Freehold. Note that there are just the three Titles (two leases and joint freehold) with no head lease or underlease. Hence I could only stop the ground floor owner building if I have some right to do so under basic Freehold law. Nothing is mentioned about this in the Title deeds..

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Please keep trying. I will log in again tomorrow. If no-one can answer the question, I will have to assume that a joint freeholder has no legal right to stop the other joint freeholder developing his half of the property.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Nicola,

Yes, please keep trying.

Thanks

Chris

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Nicola

Thanks for trying but please close the question and return my deposit.

Chris