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Madhu Pal
Madhu Pal,
Category: Property Law
Satisfied Customers: 422
Experience:  Solicitor at HPLP Solicitors
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I live in a freehold property flat as is the flat above me.

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I live in a freehold property flat as is the flat above me. We have a shared garden. I have retiled the garden front and back and have put in shrubs plants etc. The lady who lives above has recently gone into hospital and is going on to a care home. Do I have any rights to claim back the garden which was originally the garden flat in which I live. She has never used the garden or contributed in the last eight years I have lived in the flat
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I did suggest buying the share about four years ago but she said her relatives didn't want her to do that
JA: Where is the freehold located?
Customer: I have the freehold and so does she
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Good afternoon, if you are co-freeholders you cannot just claim back the garden without her consent. Regardless whether she has paid or used it, they a legally co-owned by you both. So the lease, plans, and title deeds would need to varied which would require her consent
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