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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10857
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own a ground floor flat with exclusive use of the garden.

Customer Question

I own a ground floor flat with exclusive use of the garden. The lease permits alterations with the consent of the freeholder, which can't be unreasonably refused. My question is: am I entitled to build an extension on land where I have exclusive use, or does the garden actually have to be included in the red line on the lease plan which shows my flat? My freeholder seems to think the latter.Thanks for looking at this.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, I'm afraid you do not have a legal right to build on the garden, as this land will not form part of your Lease, and you merely have a right to use the garden.

You can of course ask the Landlord if he will consent to allow you to build but he would be within his rights to refuse point blank. Sorry this is not the answer you were looking for.

If I have assisted, I would be grateful if you could rate my answer in the top right hand corner of your screen.

Kind Regards Al