property management - registration of boundaries

beaufoy · 29-12-2018 11:14AM #1

I own an apartment on the first floor in a student village I have PRA papers which show plans of my apartment....or do they
Said plans state I own and I am responsible for areas within the barrier as defined by a red line, but the red line goes through the most consensus areas.
ie the widows
the ceiling
the patio doors
the ventilation grills

I understand that Lawyers and property boundary experts can be consulted, but best not to

nuac · 29-12-2018 03:01PM

Mod
Suggest you consult the solicitor and surveyor who acted for you on the purchase of the property.
Leaving open for general discussion subject to forum rule on legal advice

beaufoy · 29-12-2018 03:29PM

It has been established by way of court rulings that conveyancing lawyers do not have to read legal papers/lease pertaining property they are doing the conveyancing for

buzz11 · 01-01-2019 07:19PM

beaufoy wrote: »

It has been established by way of court rulings that conveyancing lawyers do not have to read legal papers/lease pertaining property they are doing the conveyancing for

Can you elaborate on this? If the solicitor doesn't review the lease then who's role is it to do this?

Peregrinus · 02-01-2019 01:51AM

Wait a minute - if your apartment is on the first floor, how come there are patio doors? That sounds a bit hazardous.

A large part of the answer to your query is probably that the red line passes through party structures - i.e. the wall with the neighbouring flat, the floor/ceiling dividing your flat from the flat above or below, etc. The space within the red lines is yours do to with as you wish, but the maintenance, etc of the structures through which the red lines run is the joint responsibility of yourself and the owner of the adjacent property.

brian_t · 02-01-2019 02:56AM

Peregrinus wrote: »

Wait a minute - if your apartment is on the first floor, how come there are patio doors? That sounds a bit hazardous.

OP might have a balcony.

Peregrinus · 02-01-2019 03:10AM

brian_t wrote: »

OP might have a balcony.

If so, I'd have said "balcony doors" rather than "patio doors". But, regardless, if the boundary of the OP's property runs through the patio/balcony doors, then the OP doesn't have a balcony; he has access to a balcony which is part of the neighbouring property.

Paulw · 02-01-2019 10:52AM

Peregrinus wrote: »

But, regardless, if the boundary of the OP's property runs through the patio/balcony doors, then the OP doesn't have a balcony; he has access to a balcony which is part of the neighbouring property.

It's common that a balcony is common area, but the unit has exclusive access to it, but the actual balcony is not part of their property.

Paulw · 02-01-2019 10:57AM

beaufoy wrote: »

I own an apartment on the first floor in a student village I have PRA papers which show plans of my apartment....or do they
Said plans state I own and I am responsible for areas within the barrier as defined by a red line, but the red line goes through the most consensus areas.
ie the widows
the ceiling
the patio doors
the ventilation grills

For an apartment, you generally have a lease (maybe 999 year Lease), rather than ownership.

But, it's normal for the boundary to go through the items you list. Windows, doors, vents, etc are part of the partition between you and the external. It would be up to you to maintain them, but may be up to the management company to replace the structure. So, if you break the glass in a window, you would be obliged to replace it, but if the whole window (frame plus glass) needed to be replaced, it may be the responsibility of the management company. Same with doors. You should maintain your door, but it could be up to the management company to replace it.

Your situation is very common.

beaufoy · 02-01-2019 11:26AM

buzz11 wrote: »

Can you elaborate on this? If the solicitor doesn't review the lease then who's role is it to do this?

A very good question.
In the mid 1990's Bell Pope solicitors of portsmouth road woolston southampton were taken to court because they had not brought to the attention of the purchaser of a property that the terms of the lease suggested that he had to pay for all the gardening costs, and drainage costs for himself and the two apartments above him. This resulted in the upstairs apartments blocking the drains by pooring cooking. wet wipes, ect ect oil into their toilet, and then the ground floor apartment owner having to pay for the drains to be unblocked. The Solicitors defence was that they admitted not reading the lease properly, but the purchaser should have checked the lease himself.....the judge after a funny hand shake found in favour of Bell Pope

beaufoy · 02-01-2019 11:28AM

Paulw wrote: »

For an apartment, you generally have a lease (maybe 999 year Lease), rather than ownership.

But, it's normal for the boundary to go through the items you list. Windows, doors, vents, etc are part of the partition between you and the external. It would be up to you to maintain them, but may be up to the management company to replace the structure. So, if you break the glass in a window, you would be obliged to replace it, but if the whole window (frame plus glass) needed to be replaced, it may be the responsibility of the management company. Same with doors. You should maintain your door, but it could be up to the management company to replace it.

Your situation is very common.

Thank you I agree with your statements

property management - registration of boundaries

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