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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 9667
Experience:  I have been practising for 30 years.
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We own house with a garage which is separate structure.When

Customer Question

We own house with a garage which is separate structure.When purchased the property in 1992 the garage was (although separate to the structure of the house) sold to us for an inclusive price including the garage. We recieived communication in 2010 (some 18 Years on)a letter informing us that they had acquired a lease on the garage and requested a yearly rental.I have asked for a copy of the legal documents to support their claim but they have to date ignored may request and are now threatening to pursue me for the out standing rental My question is what can I now do to remove this threat and establish the legality of my claim that the action taken by the property company has no legal standing
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.

Is the house and the garage freehold or leasehold?

On the Land Registry title plan, is the garage included within the area edged red?

Is this ground rent that they are claiming and if so, how much and over what period of time?

Customer: replied 1 year ago.
The house is freehold,we do not have the title plan and intend to request for a copy of the title deeds. I have requested from the company (Peveral which the residents employ to manage the estate ) for further a better details of their claim of having a lease rights on the garage,mindful that we have been in residence for 24 years.To date I have not had a responce and they are now threatening to pursue the outstanding rent for the garage of £8.
Expert:  F E Smith replied 1 year ago.

If the ground rent for the garage £8 per annum under the terms of the lease, the limitation period is 12 years and hence, the maximum they can claim would be £98. The may be the provision in the lease however for you to have to pay the costs of this going to court which would normally mean that even though it Small Claims Court, you would have to pay their solicitors fees.

You would need to see the lease.

If the garage has an address, you can get the deeds from the land registry for £3 and £3 for the plan by following this link https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

you could also get the title deeds to your house.

If the garage has no address, you will need to do a Search of the Index Map at the Land Registry by completing form SIM https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/527246/SIM.pdf

and sending it to the land Registry with a plan of the area and the garage edged red. You could use a copy of the plan for your house if the garage is shown on it.

Inbox 6 on the SIM, you would put “shown edged red” on the attached plan.

The service is free. The land registry will then write back to you with a title number and you can then get the deeds from the link I gave you at the top of this reply.

Once you have the deeds, you will then need to complete form OC2 to get a copy of the lease from the Land Registry which will usually cost you £20.

You will then know what obligations you have under the terms of the lease.

Can I clarify anything else for you?

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We can still exchange emails.

Best wishes.

FES.