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Shared freehold dispute

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  • Shared freehold dispute

    Hi,

    We bought our flat last year, and it is a shared freehold with one other freeholder. We have the two bottom floors of the house and the other freeholder owns the three top floors.

    We have started to have quite a few problems, water leaking down from the flat above and a ceilings collapsing into our bedroom...

    The other freeholder is completely ignoring our calls and e-mails so we haven't been able to speak to him at all. He has sent us one text message, just basically saying "too bad - I have had problems with water leaks too".

    Does anyone know what rights we have as a shared freeholder?

  • #2
    Re: Shared freehold dispute

    You have no rights whatever as a "shared freeholder" as the term was invented by estate agents and is not a separate kind of tenure distinct from "freehold" or "leasehold".

    You and the other flat owner together constitute the freeholder and collectively will have rights and obligations in the leases of the two flats.

    So you have to read your leases to see whose responsibility it is to make sure this kind of damage does not occur. It is probably either that of the freeholder (both of you - in which you may have to pay part of the cost if that is what the lease says) or of the other flat owner under his lease, in which case he is wholly responsible.

    If he won't do anything about it you may have to go to court, which could be quite expensive. See The Pros and Cons of Shared Freehold Flats . Unfortunately it is unlikely that there will be any cheap simple solution.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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