Neighbour wants to build into loft - Edinburgh, Scotland

s0127786

Hi All,

I'm looking for some advice on plans my new neighbour has for a flat he has just bought. To put it in context, it is 1 flat in a block of 4 - each flat has it's own door and stair and is around the same size.

He'd like to convert the attic space above his flat and install 2 bedrooms and a bathroom which nearly doubles the size of his flat. My concern is with the ongoing maintenance of the roof and whether or not I should object (or even can object) to the building.

Title deeds (seem to me) to imply that each owner "in common" owns the roof - since I will be liable for 25% of any maintenance costs, it seems sensible to me to keep the roof as "uncomplicated" as possible? His proposal is to install quite large dormer windows for both rooms facing away from the main road.

The line from the title deeds:
"A right in common with the proprietors of the three remaining dwellinghouses of which the dwellinghouse in thie Title forms port of ... (Two) the pitched slate roof covering the said block of dwellinghouses."

Does this give me "ownership" in common with the other proprietors of the roof and hence if necessary, prevent any alterations to the roof?

I'm not trying to be a difficult neighbour and will happily come to some arrangement but I don't fancy being on the hook for repairs to my neighbours extension! (Especially a brand new neighbour who I haven't really met yet).

Thanks,


Michael

Prothet_of_Doom

You own a 1/4 of the roof. He can't alter the roof without the other 3 people agreeing.

sinizterguy

Tell him you'll agree if he agrees to take on your share of the roof as his responsibility to maintain and pay for.

jay1181

In a simple reply he doesn't own the loft space you all do and unless he wants to stump up for the other 3 shares thus taking all responsibility for any roof repairs etc then if I were you I would discuss this with the other 2 owners and see then how you would like to proceed.

We currently own a number of 4 in the block properties where some are owned all on one side (so then i own the roof space too) most are not and this makes me and the other flat shared owners of the roof space and share all repairs etc. We own the top flat but this doesn't give me the right to build in the roof space as the flat downstairs also owns 50 percent of it.

It's a minefield really but if your deeds say its joint owned then NOTHING can be done without you and your neighbors consent.

s0127786

Awkwardly the Council has approved his Building Warrant and he has now started erected Scaffolding (he isn't around at the moment).

How do I go about stopping this work?

Owain_Moneysaver

You see a solicitor, preferably with the other owners in the building, and get an interdict.