Who owns the loft?

leeroybrown123

Hi, I have a first floor flat, which I share a freehold with the downstairs neighbour. I have gained planning permission for a loft conversion with a dormer. After the planning permission was granted, the neighbour has now said she believes that I don't technically own the loft. She has said that "In principle i have no objection to the lessee carrying out the works provided that she pays for all the roof alterations and there is a deed of variation stating that afterwards the maintenance of the main roof is the responsibility of the upper lessee ." but she has not mentioned me giving her any money for the loft, I am not sure if she can? Can she later make a claim on the loft? I would like to confirm who owns it before I go ahead.

The lease does not clearly say which flat owns it, its says:

"it is hereby declared that one half the depth of the joists between the floors of the upper maisonette and the ceilings of the lower maisonette the external walls above this level and the roof are included in the demise and that the walls of the front entrance and staircase are party walls severed medially together with the following rights at all time ...."

Thanks for reading!

stebiz

Who actually owns the Freehold of the land - somebody will, and therefore is the Freeholder. It is them who grants a lease to the leaseholders ie Ground Floor Flat and Upstairs Flat.

It is them who own the loft.

There is no such thing about sharing a Freehold in your sense. You might have a flying Freehold (Leasehold) but who do you pay the maintenance too.

leeroybrown123

Hi, Thanks for replying. I have been here about 12 years and never paid any money for maintenance (to a freehold company), all the repairs so far have been decided, agreed and then paid for 50/50 with the neighbour downstairs.

I was told that technically I am 50% Freeholder and 50% leaseholder.

macman

How are the bills for exterior maintenance (including the roof) currently apportioned?
EDIT; already answered.
I think your next step is to consult a solicitor (but not the one you used to purchase with, and who checked over the lease). Such an arrangement is full of holes and surely no responsible lawyer would approve it. It may have worked for 12 years with the co-operation of the other party, but once an issue arises, as it has now, the potential for dispute is obvious. I can't imagine anyone buying the flat from you with such an unsatisfactory lease.
However, the fact that the external walls above the lower ceiling height and roof are included does tend to support your case, as this must enclose the loft space. It also appears (the major downside) to make you 100% responsible for any roof repairs-which is why it is a bad lease.

leeroybrown123

They have always been 50/50...

System

leeroybrown123 wrote: »

The lease does not clearly say which flat owns it, its says:

"it is hereby declared that one half the depth of the joists between the floors of the upper maisonette and the ceilings of the lower maisonette the external walls above this level and the roof are included in the demise and that the walls of the front entrance and staircase are party walls severed medially together with the following rights at all time ...."

Thanks for reading!

That to me says the upper flat owns and is responsible for all walls above the half the depth of their floor, the loft space and roof. So the upper flat is solely responsible for the roof.

stebiz

Who owns the lease?

macman

leeroybrown123 wrote: »

They have always been 50/50...

Maybe-but the lease clearly does not require them to be.
Was the conversion newly done when you purchased? If so, who drafted the lease?

leeroybrown123

Technically I own half the lease as she does.

Thank you for your replies, a few years ago we had a new roof and we paid 50/50, I had no idea that I could been 100% responsible for it!

We have had major fallouts so I wanted to make sure it was clear who owned the loft before I spend the money, I could get a deed of variation made up to reflect the new changes before the works go ahead.

stebiz

If you contact the land registry they will have a copy of the head lease which will say who the owner is of the Freehold.

leeroybrown123

I think maybe it was a house before I purchase it (2002) and was converted to 2 flats maybe around 1994. I have no idea who made up the lease.

Thank you again !