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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am a Freeholder and ground floor resident, of a 1908 flat

Resolved Question:

I am a Freeholder and ground floor resident, of a 1908 flat conversion. The Leaseholder of Flat 2 owns the 'front garden', as described on his Lease. Several years ago we entered into a verbal agreement in which I would remove part of the front wall and level the ground so that we could have 2 parking spaces (his flat is rented) I did so at a cost of £1200, on the understanding that he would pay half. He has refused to do so and has now advertising his flat again 'with private driveway'. From March till June he parked a skip outside my window. Am I within my rights to rebuild the front wall?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

On the basis that it was agreed that you remove the wall, I don't think it would be wise for you to now put up a new wall. However, the agreement was that you do this work and he pays half of the cost. Hence, when your neighbour's Solicitor gets in touch with you in your capacity as Freeholder (which he will have to so he can satisfy the Buyers Solicitor that all ground rent has been paid up to date, and the Buyers Solicitor will need to know your details as a Buyer's Solicitor is under a duty to serve Notice (called a "Notice of Transfer") on the Freeholder that there is a new leaseholder), you can confirm that the sum of £600 is outstanding from the neighbour. You can also stipulate that you won't accept any Notice of Transfer from the Buyer's Solicitor until this sum has been paid. This will therefore force the issue and I would imagine that your neighbour's Solicitor would pay the £600 on completion of the Sale.

I hope this assists and gives you a practical way forward.

If have helped, please don't forget to rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
The flat is being advertised for rental not sale.
The Leaseholder denies that he ever entered into an agreement with me and I have an e-mail in which he states this.
Customer: replied 1 year ago.
The Leaseholder has also refused to apply for planning permission to drop the kerb
Customer: replied 1 year ago.
This is not detailed information, based on the fact that that you assumed the flat was up for sale, you have told me nothing I did not know already and I am not satisfied with this service.
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Apologies- I thought your neighbour was selling.

On the basis that he has not kept to his side of the agreement, you are indeed legally entitled to reinstate the wall.

Alternatively, if you left matters as they are, the only guaranteed way of getting your monies back from him would be to issue small claims County Court proceedings against him. You can do this online, but it is whether you want to risk the possibility of going to Court and winning your case. Here is the link- https://www.gov.uk/make-court-claim-for-money/overview

Other than the above, you could just sit tight and wait for him to eventually sell and raise it then.

I hope this helps and sets out the legal position.

Kind Regards

Al

Kind Regards

Al

Customer: replied 1 year ago.
Thank you this has never been about the costs, I wish to regain my privacy and re-instate the garden, this arrangement has never worked out, as driving over the pavement is illegal, and no dropped kerb meant cars would park across the opening anyway.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks. Hope it all goes well for you.

Kind Regards

Al

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