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Shared responsibility for roof - Scotland
pramsay13
Posts: 2,118 Forumite
I know this will probably need a lawyer to decide conclusively, but I'm hoping for a bit of advice or shared experiences.
We bought a 2 storey house a number of years ago. There is a flat in the bottom corner that also has it's own single storey extension out the back. We have a room over their flat, and then the main roof over that, and the rest of the roof is over just our property. All in, 1/2 of their flat is under about 1/4 of the main roof. (hopefully that all makes sense).
When we bought the house we were told that the whole roof was our shared responsibility (50 / 50 split).
The relevant (i think) section in the Land Register says "common parts means the whole parts of the property which are used by or serve the dwellinghouse (ours) and the flat (theirs) within the property and without prejudice to the foregoing generality includes: foundations, gables, roofs, and outside walls and hatchway leading to the the roof..."
So does anyone know if we share responsibility for the whole roof, or just the section that is directly over their flat - if the latter, how do we instruct roofing companies to charge just that part?
Do we share responsibility for the roof over their single storey extension which does not serve our house in any way?
Any thoughts would be appreciated.
We bought a 2 storey house a number of years ago. There is a flat in the bottom corner that also has it's own single storey extension out the back. We have a room over their flat, and then the main roof over that, and the rest of the roof is over just our property. All in, 1/2 of their flat is under about 1/4 of the main roof. (hopefully that all makes sense).
When we bought the house we were told that the whole roof was our shared responsibility (50 / 50 split).
The relevant (i think) section in the Land Register says "common parts means the whole parts of the property which are used by or serve the dwellinghouse (ours) and the flat (theirs) within the property and without prejudice to the foregoing generality includes: foundations, gables, roofs, and outside walls and hatchway leading to the the roof..."
So does anyone know if we share responsibility for the whole roof, or just the section that is directly over their flat - if the latter, how do we instruct roofing companies to charge just that part?
Do we share responsibility for the roof over their single storey extension which does not serve our house in any way?
Any thoughts would be appreciated.
0
Comments
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Who told you, when you bought it, that the roof was on a 50/50 split? Your solicitor?
Do you need roofing work done, and if so, is your neighbour disputing the split?0 -
Yup solicitor said it was shared responsibility. I'm not sure if the term 50/50 was used or if that was our interpretation. The main reason for flagging it up was that there is also a piece of land at the side of our house (the other side from the flat) that is also shared responsibility so it was to make us aware of that.
Yes roofing work was needing done as it was leaking into our house. The other party said as it was urgent to go ahead and they would pay if their lawyer confirmed that they had to.
We are looking for part of that bill but as it is an old slate roof it will probably need regular work done on it to keep it watertight so it would be good to have a definitive answer.0
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