Difficulty in conversations with freeholder - fence

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1 Posts
1 week ago

Hi Team,
I have purchased a leasehold maisonette early March 2021, which I have now rented out. My solicitors have served a Notice of Assignment and Transfer to the freeholder (upstairs neighbours) end of March 2021 and further sent a few reminders asking the freeholder to sign the Notice of Transfer. The freeholder’s signature is just to confirm that they have received the Notice. According to my solicitors, as per the Lease we don’t need freeholder’s consent to buy the property. So, my solicitor’s advice was that I don’t have to worry about the freeholder not signing the Notice of Transfer – because we have sent the e-mail and a few reminders afterwards.
In parallel to this, I would like to put a fence in the garden to give a privacy to my tenants and the freeholder. The previous owners had not put a fence. Both the official copy of the Title Plan and the Official copy of the Lease clearly show which parts of the garden belong to who. Though to be on the safe side, I have reached out the freeholder and told them that I would like to show them where I am planning to put the fence. I have also informed the freeholder that I will pay all expenses related to this fence and labour. Despite many e-mails I sent them, they don’t want to meet with me and when they reply they say “What fence are we talking about? We need to get the lease sorted.” When I suggest some days to meet to discuss the fence as well as any other open topics and ask their preference in terms of the day and time, they just ignore my e-mails.
1. Is my solicitor right in saying that everything is sorted in terms of Lease and as long as we have served the notice to the freeholder there is nothing I should be worried about?
2. If the freeholder does not want to meet, do I just go ahead with putting the fence based on the official copy of Lease and the official copy of the Title Plan? Or how can I get them to collaborate?

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