freehold/leasehold property law

[macpark]

I live next door to a property that has been divided into 2 flats. Both my garden and the garden next door is dissected by a private right of way. The downstairs flat has use of one piece of garden and the upstairs flat has use of the other bit. The freeholder of the property owns the downstairs flat. Who is legally responsible for the rear piece of garden. Is it the leaseholder or the freeholder?
Many thanks

[redcrx]

whoever owns it

[macpark]

This is not as clear cut as you may think. There was a problem with a wall which was letting in rain in the upstairs flat causing damp in my ground floor as it was running down the inside of the wall. The owner of the upstairs flat was not liable - it was the freeholder who owns the downstairs flat although she did have redress to the other party to recover the cost.

[redcrx]

The responsibility of the buildings and roof should be different to garden. Find out if the leaseholder owns it or just has right to use it

[twix123]

Is the garden that has the right of way through it the front or rear garden? If it is the rear garden, does the lease state that the leaseholder is responsible for the upkeep of their piece of the garden?

[Eve]

As regards the garden, it depends on the documentation in place.

There is a lease of each of the top flat, I assume. Possibly also the downstairs flat though this could be materially irrelevant if the freeholder is owner occupier.

Is it the freeholder or upstairs flat owner who has use of the rear piece of the garden you asked about?

Do you know who actually owns that piece of garden (as in the name on the title deeds/Land Registry)?

If the upstairs flat occupier, do they definitely own (rather than renting) and, if so, does their flat lease (if there is one - should be if they own it) include ownership of the relevant part of the garden or simply a right to use (or is there a separate lease of the garden land and, if so, who owns that?).

If there is a lease, it would also make a difference whether there are any provisions affecting the relevant piece of garden as to who is liable for any problems.

Checking the title registers and lease(s) should shed more light.