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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10776
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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can the freeholder of an estate where there are some 650 apartments

Customer Question

can the freeholder of an estate where there are some 650 apartments sold on 999 year leases, sell off part of the estate area to an outside party without reference to the residential leaseholders?
Submitted: 5 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 5 years ago.

Hi there,

Thanks for your enquiry.

The Freeholder is under a duty to offer the Building(s) to the residents first, but are free to sell any communal areas.

Please let me know if you require any further clarification, and I will gladly assist.

Kind Regards


Customer: replied 5 years ago.

That wasnt the question- are they free to sell part of the communal areas without reference to the existing residential leaseholders. Is it section 51 L &T act ?

Customer: replied 5 years ago.

and deregation of grant ?

Expert:  Aston Lawyer replied 5 years ago.

Hi again,

Sorry for not making myself clear. The Freeholder is free to sell the communal areas, without obtaining the consent of the Leaseholders.

However, the Freeholder will have to make sure that a suitable provision is put in the Transfer making the Buyer responsible for complying with any Freeholders covenants in the Leases which relate to these areas (ie duty to maintain the area).

I hope this clarifies matters.

Kind Regards