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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am buing a garden flat. It is leashold with share of

Customer Question

Hi, I am buing a garden flat. It is leashold with share of freehold. There are only 2 flats, mine and the one above.
I own two small dogs. The lease says no bird dog or other animal which causes a nuicance to other leasholders/occupyers. My dogs are quiet and very small and I do not think they are a nuicance at all. But I want to check what this really means, what if the flat above just doesnt like dogs? Can this cause me a problem? It is share of freehold, so surely it would just be my word against theirs as there are only 2 of us?Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi

If the flat above doesn’t like dogs or considers the behaviour of your dogs to be a nuisance then they can (if they are minded to do so) attempt to apply to court for an order that the dogs are removed on the basis that you have breached a term (ie a covenant) of the lease.

You would then probably get in to a fight about whether or not the dogs truly are actually a nuisance, which is not a position that you want to be in.

So, I would suggest that the best way forward is to find out before you exchange contracts whether or not the dogs are going to be an issue for the other flat owner.

Perhaps ask them in person and see if what their opinion is on it. If you consider that they are unlikely to be difficult about the issue then you can take a view on it and probably proceed. If you get the feeling that they are likely to be problematic about them then you will have a more difficult decision about it and whether or not you are willing to purchase with this element of risk.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 1 year ago.
Thanks. ***** have 50% share of freehold what does that mean though as techinically we own the lease between us. Does it not mean I get a 50% say as to whether they should be allowed or considered a nuicanse?Thanks.
Expert:  Thomas replied 1 year ago.

Hi,

It's helpful, but it would not solve the problem.

The other freeholder would still be able to seek an order if they regarded it as a nuisance and you want to be proactive about finding out whether they will or may be a problem before you buy the property.

Please do remember to leave positive feedback..

Tom

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Customer: replied 1 year ago.
sorry one more question. If they agree and later changed their mind, would they have to prove in court that the dog is a nuisance. As I know this would be unprovable as they never bark or anything.
Thanks.
Expert:  Thomas replied 1 year ago.

Hi,

They would always have to prove in court that they were a nuisance, whether they agreed before you purchase of not..

Tom