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Communal loft space - Can it be converted/claimed
sigur
Posts: 62 Forumite
Hi folks.
We have the middle flat in the a 3 flatted building in Scotland. On the top floor there is a stairway/ladder on the landing that allows for access to the loft. It had previously been believed that this roof space was communal and as such holds a communal cold water tank in addition to the middle and lower flats storing items in there.
The top floor flat has recently been sold and the new owners have personally posted a letter through the doors of the other properties and are claiming ownership of this loft space. They have asked us to remove our items from there.
Can a top floor flat claim ownership of a communal loft space ?
We have the middle flat in the a 3 flatted building in Scotland. On the top floor there is a stairway/ladder on the landing that allows for access to the loft. It had previously been believed that this roof space was communal and as such holds a communal cold water tank in addition to the middle and lower flats storing items in there.
The top floor flat has recently been sold and the new owners have personally posted a letter through the doors of the other properties and are claiming ownership of this loft space. They have asked us to remove our items from there.
Can a top floor flat claim ownership of a communal loft space ?
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Comments
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Have you asked why they want the items removing. They may be planning on insulating it. Because insulation is 270mm thick now you cannot use the loft for storage without special boarding afterwards.0
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I wouldn't have thought they could.
You need to look at your deeds to see what it says about communal space and then speak to the bottom flat and then decide on a course of action.0 -
poppysarah wrote: »I wouldn't have thought they could.
You need to look at your deeds to see what it says about communal space and then speak to the bottom flat and then decide on a course of action.
Spoke with the bottom flat last night and they are against this proposed renovation too.0 -
If this is a leasehold property then I doubt that communal spaces - as shown on the lease - can be taken over by the flat that lives nearest to them.
However, if this is freehold and the loft is included in the deeds for the top floor flat, then the loft belongs to them.
As poppysarah says, you need to check on your deeds. If you have right of access to the loft then that continues even if they want to do something to it (like a shared back yard).
What makes you think the loft is communal?0 -
The quick answer is if a block of flats with access to the attic from a communal area, then they have no exclusive right to it. Ask them if they also consider they 'own' the roof over 'their' loft, and will pay for any repairs.
Would suggest you contact them and say historically the space was a communal area, and put them to strict proof to prove otherwise.0 -
The quick answer is if a block of flats with access to the attic from a communal area, then they have no exclusive right to it. Ask them if they also consider they 'own' the roof over 'their' loft, and will pay for any repairs.
Would suggest you contact them and say historically the space was a communal area, and put them to strict proof to prove otherwise.
Thank you very much.0 -
Oldones absolutely correct.
In our case the top floor flat had a document drawn up agreeing to take responibility for roof repairs in return for exclusive use of the attic.
Our case was slightly different, because we didnt use the attic, & we were therefore happy to do this (especially as this was an old edinburgh townhouse with a problematic roof). I suppose it depends how much use you get from the attic yourself.
In our case, the deeds were very clear in describing our rights to the communal space. If your deeds are as clear as ours, the top floor will have absoultely no right to claim exclusive ownership, & the only way they will get this would be with the agreemnet of all other flatowners.0 -
We have recently bought a top floor flat and our deeds were also clear - we do exclusively own the roof space above our flat but the whole block owns the actual roof, so everyone is liable for repairs.0
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We have recently bought a top floor flat and our deeds were also clear - we do exclusively own the roof space above our flat but the whole block owns the actual roof, so everyone is liable for repairs.
Is there a landing area below the loft ?
If so I take it this means that you don not own the loft space above this landing area ?0
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