A £31.5 million London flat featuring a luxury basement cinema has become the center of a legal dispute between neighbors over control of the land beneath a shared garden. The conflict involves a five-story Victorian building in Holland Park, an area often called Millionaires’ Row due to its high-profile residents, including Elton John, Simon Cowell, and the Beckhams.
Photographer Piers Calvert and his neighbor Lisa Erickson, a former banker who now sings in a choir, are opposing plans by Montana International Properties Ltd, a Jersey-registered company, to excavate under the garden. The company, whose owners have not been disclosed, holds the lease for the lower flat but has not revealed who occupies it.
The main argument revolves around whether the garden lease covers the subsoil beneath it. In 2018, planning permission was approved for a single-story basement extending 2.5 meters below the garden, designed to include a private cinema, gym, shower room, and storage. However, Calvert and Erickson claim that the approved plans do not authorize deeper digging.
Lawyers for the residents’ management company argue that the lease specifies only a garden, not the land beneath it. David Nicholls, their barrister, stated in court that the subsoil cannot be considered part of the garden beyond what is reasonably needed for its use.
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Montana’s legal team, represented by Daniel Dovar, countered that the lease covers the entire garden, which naturally includes the subsoil. He also pointed out that land ownership typically extends below ground, just as it does above.
While the dispute focuses on lease wording, it highlights broader tensions in high-value properties where shared spaces create legal uncertainties. Similar conflicts have emerged in London’s most expensive residential areas, where underground developments challenge existing lease agreements and planning regulations.
The High Court hearing lasted three days, with Judge Master Francesca Kaye still considering the case. Her decision will determine whether Montana can move forward with the basement project, leaving neighbors and legal experts uncertain about the extent of their rights below ground.
