Freeholder wants to put a house in our garden

Dr House

Dr House

Dr House

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I “own” a apartment with a good size communal garden.

This is the garden area
P1010505.jpg


Now the original developer who is the freeholder of the land wants to put a 2800 sq ft house in our communal garden. When I first bought my apartment he told me that they will not be building anything else.

I am going to call my solicitor about this but I thought someone here may have some useful info or ideas before I do that.
 
Unless you had it in writing I'm not sure you have a leg to stand on I'm afraid. If its not stated in your contract about the size of the garden etc.

KaHn
 
[FnG]magnolia;24734872 said:
What does "own" mean?
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He owns the flat but he never really own it own it like a freehold, it would be a lease term for like 999 years. The owner of the flat will pay a maintenance fee to the building owner for upkeep for communal spaces etc. Said owner of the building also owns the land the building sits on.

I guess in your shoes OP, he will need planning permission, he can't just put up an house in the land, even if it is his, so as the local resident, you can always raise your objection. Get enough of the people together to object will make his case more difficult.
 
Raymond Lin said:
He owns the flat but he never really own it own it like a freehold, it would be a lease term for like 999 years. The owner of the flat will pay a maintenance fee to the building owner for upkeep for communal spaces etc. Said owner of the building also owns the land the building sits on.

I guess in your shoes OP, he will need planning permission, he can't just put up an house in the land, even if it is his, so as the local resident, you can always raise your objection. Get enough of the people together to object will make his case more difficult.
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This is probably your only way of doing it.
 
Some of those trees look old, see if you can't get the planning permission refused on the basis of conservation
 
You need to block his planning application, it's pretty much your only option unless you have in writing that he won't be building there.
 
Halfmad said:
You need to block his planning application, it's pretty much your only option unless you have in writing that he won't be building there.
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How do you "block" a planning application?

It's a sneaky way of doing it, but you could get in quickly and try and get a Tree Preservation Order (TPO) put on the trees in your garden by the local council.

Other than that, you'll need to to object to his planning application when submitted. You don't really need grounds to object but it will obviously hold more weight if there is reasonable grounds from objection (rights of light, policy etc) and you can get as many objections as possible. Then lobby your local councillor like mad.

This assumes of course he has the rights to develop said land and thats what I'd be establishing first by understanding your lease.
 
Problem is he got planning permission, other residents objected but he still got it. The developer is quite well connected in the council I think. He will not be cutting the trees down but its going to have a material impact on the value of my property.
 
Dr House said:
Now the original developer who is the freeholder of the land wants to put a 2800 sq ft house in our communal garden. When I first bought my apartment he told me that they will not be building anything else.
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"Told" as in you mentioned it and they said "nah, don't worry about it mate" or told, as in informed in writing and written into your lease?
 
Dr House said:
Problem is he got planning permission, other residents objected but he still got it. The developer is quite well connected in the council I think. He will not be cutting the trees down but its going to have a material impact on the value of my property.
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If he has consent and has the rights of access and rights to develop the land there is jack you can do about it. Get your lease read ASAP to establish this. Whether there is an impact on the value of your property is irrelevant.
 
You could always arrange with the other flat owners to be REALLY **** neighbours whenever any potential buyer comes round to view it? Sabotage the building works (e.g. stealing equipment etc.).

This might get you evicted/arrested, but worth a try surely? :p
 
Haggisman said:
"Told" as in you mentioned it and they said "nah, don't worry about it mate" or told, as in informed in writing and written into your lease?
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The question was asked when we went to see the flat but I assume its not in my lease. My solicitor should have really thought of this when we bought the flat???:mad:



HummuH1 said:
If he has consent and has the rights of access and rights to develop the land there is jack you can do about it. Get your lease read ASAP to establish this. Whether there is an impact on the value of your property is irrelevant.
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I dont know will try and find out.
 
You should have "right of use in common", which gives you the leaseholder rights to use that garden in the terms of your lease....he cannot remove that without legal reprise.

He has no right unilaterally to remove any ownership from the leaseholders use of that garden, whose rights bind the freeholder.
 
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