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Communal loft space - Can it be converted/claimed
Comments
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Yes, the access to the loft is on the landing so I guess the roof space above that must be communal. Do your deeds say anything about communal loft space?0
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If the loft has not been demised to the top floor flat in the deeds by the freeholder then the top floor flat has no rights over it and certainly cannot claim possession.
They could in theory potentially claim ownership through 'squatters rights' but given that they have not had exclusive use (you having used it) and have only just moved in that is a million miles away from working.
Having said that, it is probably the case that neither of the bottom flats have an absolute right to the space either.
So you have to consider the following:
- does the top floor flat own the freehold as well?
- do your deeds talk about the loft?
- do your deeds match the deeds of the top floor flat? (not unknown for there to be irregularities, so it may be a genuine misunderstanding that will need to be sorted out legally).0 -
Cant remember if I'm 100% honest. The flat was left to me in a will but I'm under the impression that the loft space was known to be shared.
Im going to respond to the top floor owner via email and get her to prove that she does indeed own the loft space before any personal items are removed etc.0 -
remember, we're in Scotland so Freehold / Leasehold is not relevant.
Easiest just to have a look at your deeds & take it from there.0 -
ah, missed that bit. Tricksy scots
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