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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2457
Experience:  Over 5 years in practice.
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I am considering buying a freehold flat with a restriction

Customer Question

I am considering buying a freehold flat with a restriction on pets. I have 2 pug dogs, well behaved. the flat comprises of 4 freeholders. Three of these are happy to allow an easement but one is against. Do all have to be in agreement or do the majority carry it?
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
will they agreed to let you have a deed of variation of the lease?
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What are the restrictions?
Customer: replied 4 years ago.

Still trying to contact the flat owner that doesn't want dogs. the other 3 owners are in favour. Is a majority in favour sufficient or must the agreement be "all in favour". If I go ahead and purchase and move in with my dogs what are the consequences.
excellent service!

Expert:  James Mather replied 4 years ago.
i just re read the question. Please confirm that it is a leasehold flat, not freehold. it is really important.
are you having a mortgage?
If it is indeed leasehold, dont worry about the mortgage question.
Are you buying leasehold flat but also share of freehold? 1/4 share?
Is the freehold owned by 4 people or a limited co which is then owned by them?