New responsibilities following deed of variation

ddeblasio

Hello,

we are buying the underroof space of a flat with a 50% share of freehold. As a result of a draft of a deed of variation we received from sellers' solicitors (we are buying the flat and separately the loft space above as it is not demised), now the lessee's share of total for our prospective property is 60% (other freeholder's is now 40%).
Does that mean that we will own a 60% share of the freehold? And moreover, does that imply that we will have to pay 60% of any expenses for the whole building? I mean, garden is a common area but we won't have access to it, therefore we don't want to pay 60% of the maintenance charges for something we're not even making use of...

Moreover, the same deed of variation states that we will also own the roof external surface, which we don't want as we have no intention to pay for the replacement of roof tiles that are already old and in bad conditions. Is there any way to avoid this?

Thanks for taking some time to read through, any help with the above 2 issues would be very much appreciated. If you're wondering, yes, we have a solicitor but he's not proving to be very proactive therefore we'd like to hear from people's (and other professionals reading the forum) about their experiences.


Thanks again

D.

clutton_2

do you have access to a free legal helpline on your house insurance ? that might be another way to get legal advice.

many local sols offer free first half hour, or free surgery where you can go for quickish questions

Fire_Fox

You don't want to pay to replace a roof that you will own 60% of and have free access to/ use of. You don't want to pay to maintain a garden that you will own 60% of and have the legal right to access, albeit less easily than the other flat. Have you considered renting?

ddeblasio

Fire_Fox wrote: »

You don't want to pay to replace a roof that you will own 60% of and have free access to/ use of. You don't want to pay to maintain a garden that you will own 60% of and have the legal right to access, albeit less easily than the other flat. Have you considered renting?

Hi,

the situation is slightly different.
The roof would become ours after the inclusion of the loft space (as stated in the deed of variation), therefore requiring that we pay 100% of roof-related expenses, not just a 60%. I guess this includes regular maintenance and unplanned disasters. I'd be more than happy to pay for 50% or 60% of repairs.

Moreover, can you please explain what the tangible benefits are in having 60% of roof and 60% of garden? I can only see more expenses and responsibilities as a consequence.

Many thanks

D.