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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 8370
Experience:  English solicitor with over 12 years experience
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We want to know if 'Schedule 2' in our lease accurately and

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Hello, we want to know if 'Schedule 2' in our lease accurately and clearly demises the garden surface to Flat 2 or if it in fact leaves interpretation open to being considered a 'communal' / not fully private space?
Customer: replied 12 days ago.
Please note: I am posting this again as I would like to get multiple, independent property lawyer opinions on this issue.
Customer: replied 12 days ago.
The lease attached includes the schedule for Flat 2 (page 18 on PDF) and the red line plan (page 31).

Hello,

I am a solicitor.

Customer: replied 12 days ago.
Hello, are you a conveyancer?

I am retired from conveyancing practice and am now a general solicitor.

Customer: replied 12 days ago.
Okay if you feel confident with the question then happy for you to give your answer.

In my opinion, the garden would not constitute part of the Premises. See definition of "Communal Areas" in your lease which includes any gardens on the "Development".

The area of your flat is outlines in red on Plan 2 which is the last page of the Lease.

Customer: replied 12 days ago.
but the outline in red also includes the 'terrace' and this is referenced in schedule 2. Aren't the definitions general but this schedule and drawing specific to define our premises?

Your question relates to the garden, not the terrace. If the terrace is outlined in red in Plan 2, that forms part of your flat.

Customer: replied 12 days ago.
Ok garden/terrace. I don't think the definition of terrace is defined anywhere so is this a problem? What is your opinion of schedule 2, what part of the outside space is demised to the flat?

Please see definition of "The Premises" as more particularly described in the Second Schedule-shown edged red in Plan 2. So whatever is shown edged red in Plan 2 constitutes the Premises.

Customer: replied 12 days ago.
Ok got it. So you're understanding here is that it includes all of the terrace as edged in red or just the surface of the terrace considering the write up in schedule 2? (attached)
Customer: replied 12 days ago.
In your opinion it is a fully private space then?
Customer: replied 12 days ago.
Please let me know on this so that the answer is clear. Thank you!

Yes if it is marked in red on Plan 2.

All the best

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