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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I own a flat where part of the outside common area is owned

Resolved Question:

I own a flat where part of the outside common area is owned in common with right of ways for each owner of properties in the building. Another owner of parts of the building has rented out a flat and the tenants are constantly doing maintenance work to the building (diy , not suitably qualified to do structural work). The tenants have now erected an ugly shed on the common area. despite my objection they have continued and also dumped a lot of rubbish saying they have permission from their landlord. I am worried about giving adverse possession and losing my rights of way to the area. What are my legal course of action. Can i get an injunction to get them to stop. Both the landlord and tenants are doing a lot of works without consulting me even though the areas are owned in common. When I have objected verbally then have taken not notice and just continued regardless of my property rights. The have caused me a lot of nuisance and prevented me enjoying quite enjoyment of my property over several years and feel it has now got to the point when I won't accept any more. Just want to know what legal remedies might be open to me. Thanks
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.Have you spoken to the freeholder/managing agent about this please?Alex
Customer: replied 11 months ago.
No. The managing agent really only sorts the insurance.
There are only 2 flats + a shop. Managing agent does not
get involved in any other aspect of property management
Thanks
Expert:  Ash replied 11 months ago.
What about the freeholder?
Customer: replied 11 months ago.
no - the freeholder leaves it to the managing agent.
I never heard from the freeholder in over 25 years
Expert:  Ash replied 11 months ago.
But who do you pay the ground rent to?
Customer: replied 11 months ago.
No one - I have reached the point in the lease where there
is a nil ground rent due . I used to pay the managing agent but
they have confirm that no money ground rents due for past 3 years.
Thanks
Expert:  Ash replied 11 months ago.
Ok - the only person that can take action is the Landlord. This is because it is his/her land. The new people cant take possession just like that - so dont get worried about adverse possession.They have to show 10 years use and then make an application to the Land Registry for possession.But sadly only the Landlord can really take action against them. You wont lose your rights to the area, so dont be concerned about that.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
So I write a letter to the landlord and if they eye sore does not come done - can i obtain a court order against landlord to remove?.
Expert:  Ash replied 11 months ago.
No you can't unless its in your agreement that you have free access to the WHOLE of this area.If you do, then yes you can seek a Court order.Does that clarify?Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash 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

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.