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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 822
Experience:  Solicitor with over 15 years experience.
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Hi I own a leasehold property (with 949 years left on the

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I own a leasehold property (with 949 years left on the lease). Over 10 years ago we converted our front garden into a driveway. We had verbal permission from the freeholder at the time and didn't think much more about it. We are now selling the property, and the freeholder (a different one who we never had any contact with until now after we managed to track them down) is demanding compensation from us for putting the driveway in. Can they do this? The last contact we previously had from any freeholder was in 2008. It has since come to light that the previous freeholder didn't get the lease changed to show we had a driveway (if this is necessary) and we are being asked to pay £395 to get this changed as well. I'm assuming we have no choice but to except that cost but are the freeholders entitled to any compensation?
Many thanks
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to answer this.

LondonlawyerJ :

Unless there is something specific in you lease then the new landlord is not entitled to payment for anything that the previous landlord agreed to allow without payment. However if a dispute arises you may have difficulty proving that you were given permission by the previous freeholder.

Customer: But are they entitled to claim for compensation bearing in mind it hasn't been an issue for 10 years? If so what could they actually claim for?
LondonlawyerJ :

Look to your lease. Are there any provisions relating to payments for allowing alterations. I not they would need to be able to demonstrate that they had suffered loss in order to claim compensation. They may find this difficult.

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