common neighbours ... legal position

Common Law v Tenement Act

Do top flats have automatic right to occupy roof space [common law]
Can we insist all common repairs are divided by floor area now that theirs are, at a guess, twice the size of ours [ tenement act]

Our Scottish deeds are silent as to ownership of roof space, and so are those of the 2 top most flats as we've have had them checked out. Both have converted this space as living space in past 5 years
The Deeds have burdens attached showing proportional share of maintenance and if applied would mean top flats pay the least proportional share of all the flats yet they own twice the space


  • kayl
    kayl Posts: 474 Forumite
    If the titles are silent as to ownership of the loft space, they will belong to the top flats.
    The Tenement Act rules, including the one about floor space being relevant to determine share of common repairs if one flat is more that 50% bigger than another, do not apply if there is provision in the titles. - what is in the titles will always apply
  • Thanks for your reply, it's not unexpected that we've lost out again to those with more but still quite a bitter pill to swallow
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