Secret Basement Found!!!

[funkt]

Hello,

I live in a ground and first floor maisonette in a Victorian conversion in North London.

After buying the property in December and beginning renovations I found stairs underneath the floorboards in our ground floor bathroom leading to a basement space which appears to have been the original coal bunker.

I would obviously like to utilise this space - firstly for storage but with an idea to perhaps to convert to a usable room in the future (once I have sufficient funds).

I foresee a number of problems:

- The basement space is not on the deeds or plans so what legal action should I take and would I need this included in the deeds if I am just reinstating existing stairs to create storage space?

- The basement space stretches beyond the current boundary listed in the deeds (see image) and underneath a communal area shared by the rest of the freeholders.

I would like to know what legal issues I may have with ownership before I declare this found space and begin any work.

Please see plan below which shows basement area in green and current boundary in red. We share freehold.

Secret Basement

• funkt
• 30 Jun 2010
• 1

Basement is marked green on the ground floor section of the plan.

Huge thanks!
Lee

 

[spongobongo]

This isn't the definitive answer, but in your position I'd do two things.

1) Make an application for a Lawful Development Certificate on the basis that this was done more than four years ago. If granted, this will forever show up as a local land charge when future solicitors carry out their conveyancing on your flat and neighbouring flats.

2) I'd appoint a solicitor (possibly the one you used in December, if your're happy with him/her) to deal with varying the deeds and informing the Land Registry that the red line plan is wrong. God knows how long this bit will take, but it seems to me to be a necessity.

As ever, this is only my opinion. Others may take a different view.