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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Have you spoken to the freeholder/managing agent about this please?Alex
Customer: replied 1 year 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 1 year ago.
What about the freeholder?
Customer: replied 1 year ago.
no - the freeholder leaves it to the managing agent.
I never heard from the freeholder in over 25 years
Expert:  Ash replied 1 year ago.
But who do you pay the ground rent to?
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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
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