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Category: Property Law
Satisfied Customers: 34668
Experience:  Barrister at Self Employed Barrister
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I own part of the freehold on my flat. I own the front

Customer Question

HiI own part of the freehold on my flat. I own the front garden. the other 2 flatowners have access over my garden to gain access to their property. I want to move the path from running down the centre of the garden to the left of the garden so I can make it more private. Do I need to ask permission of the other leaseholders?
Submitted: 9 months ago.
Category: Property Law
Expert:  ivorylounge replied 9 months ago.

Yes you do. If they have the benefit of a right of way then you need to get their permission to change it. If you dont then you may find yourself involved in costly court proceedings. It is sometimes helpful to agree a formal variation (the change) and have this registered in with the Land Registry to avoid potential problems when it comes to selling the property. Happy to discuss but please rate positive.

Customer: replied 9 months ago.
Gosh ok. So I write up a plan of where the new path is going. Then ask them to sign something. What if I can't get hold of one of them as one flat is rented?
Expert:  ivorylounge replied 9 months ago.

The tenant should have the details of their landlord. It is vitally important to get this done properly now. It really is. Please remember to rate positive.

Expert:  ivorylounge replied 9 months ago.

Hello I see that you have looked at the answer. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page.This is how Justanswer works. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  ivorylounge replied 8 months ago.

Has this been resolved now?