Flat roof ownership

carlymac_2

We have a flat roof extension to our property. When it was purchased the upstairs neighbours were using the flat roof as a balcony. When they were selling on they asked for a signature on a lawyer's letter of consent saying that they owned the flat roof. We didn't sign. Years later we have water coming in. The actual balcony does not sit on the roof, it is bolted onto the wall on 2 sides. The owner says if we want the roof repaired we have to remove and reinstate his balcony. We are in Scotland so the law may be different. Has anyone come across an issue like this? We were unable to put a vent out our window as another neighbour has an access path directly next to our outside wall and says she owns the air above. Would this not be the same for our flat roof?

user1977

carlymac_2 said:

We are in Scotland so the law may be different. 

It is, so be wary of anybody here trying to tell you what the law would be in England or talking about leases.

I take it the request for the letter of consent means there is nothing in the titles about their balcony? Do you know how long the balcony has been there? If you own the land on which your extension sits, then generally that means you own everything all the way down and all the way up, so you're correct in thinking that arguments about encroaching on your airspace may apply - but it may become muddier depending on how long the balcony has been there (particularly if nobody has ever objected to it).