Newspaper article The Evening Standard (London, England)

Can We All Stake out Our Spot in the Garden?

Newspaper article The Evening Standard (London, England)

Can We All Stake out Our Spot in the Garden?

Article excerpt

Byline: Fiona McNulty OUR LAWYER ANSWERS YOUR QUESTIONS

Q WE HAVE made an offer on a first-floor flat. There are three flats in the building and the estate agent says the garden at the back is shared by the first-floor flat and the ground-floor garden flat. However, a friend who knows people who live in the building says only the ground-floor flat can use the garden. How can we get accurate information about this? A ASK the estate agent to investigate and to obtain a copy of the lease for the flat you aim to buy. The terms of the leases of the flats in the building should deal with ownership of the rear garden and should reveal rights, reservations, covenants and restrictions relating to it.

A garden can be used or owned in many different ways. Sometimes it is retained by the freeholder, with all or some flats in the building being granted the right to use it. Alternatively, a garden may form part of the demise of the ground-floor flat -- that is, the owner of the leasehold interest of the ground-floor flat also owns a leasehold interest in the garden and has exclusive use of it.

write to Legal & property., Derry Street, cannot be but we will try here.

If access to the garden is possible from the first-floor flat, by way of steps, for example, then part of the garden could belong to that flat with the other part being owned by the groundfloor flat or by the freeholder.

solicitor residential Seek specific advice from the solicitor acting for you in the purchase regarding ownership of the garden and the grant of any rights of use.

Q WHEN we bought our mews house several years ago there was a little roof terrace, just enough for a couple of planters, a small table and three or four chairs. During this year's great summer weather we used the space a lot and now plan to increase the height of the walls by adding slatted/open fencing to give us more privacy. …

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