Collective Enfranchisement Detached Building with Car Park on Basement
LM Homes Ltd and others v Queencourt Freehold Property Ltd (2020)
The leaseholders sort to enfranchise a large block with basement car park. The 1993 act requires a notice to specify and also be accompanied by a plan and describe any property proposed to be acquired by virtue of section 1(2) (a). Palgrave Gardens was a development of five blocks and these appear to be attached but were independent structures with a basement car park
In December 2016 the leaseholders made an application to collectively enfranchise in accordance with section 13 of the 1993 leasehold reform Act. The notice claimed the premises to be acquired shown edged on the plan but did not describe or include the underground car park. The judge allowed the notice to be amended pursuant to paragraph 15 of schedule 3 of the 1993 Act and this allowed the leaseholders to show the underground car park was included.
The high court agreed with this and on appeal the underground car park was allowed to be included and the initial notice amended. The conclusion being that the structurally detached buildings were deemed to be attached and therefore a single premises by inclusion of the underground car park beneath.
Relying on LM Homes the high court stated that even if the blocks were structurally attached any enfranchisement of blocks would include the airspace and the subsoil beneath and consequently it included the basement car park.
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