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Can freeholder brick up sliding doors & window to build another flat next to me?

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  • Can freeholder brick up sliding doors & window to build another flat next to me?

    I have a roof terrace next to my flat. In discussion with my freeholder about buying it.

    I've had a RICs suevryor value it. however, the freeholder is saying that theres development value i.e. they can build a flat there and I have to factor that in.

    However, I have sliding doors and a window leading onto it. if they built flats there they would need to cover over the window and terrace. Can a freeholder actually do this? wouldn't it change my lease?

    What are the arguments I can deploy with to say that they would not be able to building develop there?

    This is the picture in my lease which shows the sliding doors and window.
    Tags: None

  • #2
    The starting point is ALWAYS to read the lease. But the plan suggests that the freeholder's cunning plan may be infringing on your rights.

    Do you have a right of access to the roof terrace?

    ​I bet the freeholder is trying to get the price up.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      The starting point is ALWAYS to read the lease. But the plan suggests that the freeholder's cunning plan may be infringing on your rights.

      Do you have a right of access to the roof terrace?

      ​I bet the freeholder is trying to get the price up.
      Hi,
      its a little ambiguous in the lease as its technically 'common part' but practice its not, i have access to it and it the lease i have acress to all common areas. we're trying to sqaure this circle by the sale.

      presuming it does say they cant do that in the lease. what grounds/reasons/agruments can deloy with them so say they cannot put a flat there because of x?

      thanks so much!

      Comment


      • #4
        Don't presume. Check facts. Does the lease say they can't do that?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          You might also have a right to light https:

          https://www.wilsonbrowne.co.uk/news/...0glass%20roofs.

          https://www.traverssmith.com/knowled...s-is-tenanted/


          Seek professional advice

          Comment


          • #6
            Originally posted by leasehold12 View Post

            Hi,
            its a little ambiguous in the lease as its technically 'common part' but practice its not, i have access to it and it the lease i have acress to all common areas. we're trying to sqaure this circle by the sale.

            presuming it does say they cant do that in the lease. what grounds/reasons/agruments can deloy with them so say they cannot put a flat there because of x?

            thanks so much!
            i don't really understand it what it says in the lease. is this the relevant clause?

            Comment


            • #7
              Those look like covenants by the tenant, that is you. They are not landlord's/freeholder's covenants.

              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment


              • #8
                Originally posted by leasehold12 View Post

                i don't really understand it what it says in the lease. is this the relevant clause?
                would it be possible if i could send you my lease ?

                Comment


                • #9
                  Originally posted by atticus View Post
                  Those look like covenants by the tenant, that is you. They are not landlord's/freeholder's covenants.
                  i really don't know what im looking for.

                  Comment


                  • #10
                    As a leaseholder, not understanding your lease is unwise. You should find someone who knows these things who can read your lease with you.

                    Did your solicitor provide a detailed report on the lease when you bought your flat?
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Guides and handbooks for Litigants in Person - :

                    https://legalbeagles.info/forums/for...60#post1701560

                    Comment

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