Freeholder wants to put a house in our garden

Dr House · 8 Aug 2013 at 11:56

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

This is the garden area

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.

Dr House · 8 Aug 2013 at 12:27

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 · 8 Aug 2013 at 12:29

[FnG]magnolia;24734872 said:
What does "own" mean?

its leasehold

daver said:
Surely the answer to this is in your lease?

I will get the solicitor to check that.

Dr House · 8 Aug 2013 at 12:39

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?

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.

I dont know will try and find out.

Dr House · 8 Aug 2013 at 12:41

Raymond Lin said:
How big is this "house he is building". How much does the gardent does it take up?

House will be quite big probably 5 bed.

It will take around 50% of the communal gardens.

Dr House · 8 Aug 2013 at 13:04

Raymond Lin said:
Probably? You should be able to see the plans online in the local authority's planning page.

There are no plans of the house it only says 4+ bedrooms on the application.

dirtychinchilla said:
I have to say, although the "old tree" point made me laugh, that willow is probably under conservation laws. Just object as much as possible.

The tree "fell down" in bad weather last year :rolleyes:

Dr House · 8 Aug 2013 at 13:14

Zogger said:
maybe you could get together and buy out the freeholder? no idea if this is a feasible solution, but there are specific rules about whether or not the freeholder is allowed to say no.

I thought about this, the problem is that there are 24 apartments in the block and he has only managed to sell around 8 to 10 of them so he owns the rest. I own the top floor of the block but its only one flat.