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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10408
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have recently bought a first floor flat in a converted house.

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I have recently bought a first floor flat in a converted house. There is only another flat at the ground floor. The freeholder is also the owner of the lease of the ground floor flat. I'm thinking to do a loft extension (the loft are is only accessible by my flat) but he claims that he owns the loft space, how do I know if it is mine?
The lease states:

e) "the Property" is the self contained first floor flat known as 'flat address' aforesaid edged red in the plan annexed hereto and comprising:

(i) the first floor of the building
(ii) one half part in depth of the joists between the floor of the property and the ceiling of the lower maisonette
(iii) All doors and door frames including the entrance door to the property
(iv) All walls of the property save the exterior walls (but including the internal surfaces of the external walls and the glass and interior frames of the windows)

g) the common parts are:
the pedestrian and the hallway coloured yellow in the said plan
the sewers drains conduit gutters drainpipes and all other pipes and conducting media serving the building
the exterior parts of the building
the roof and foundations of the property

i) the "other flat" is the flat not hereby demised


Hi there,


Thanks for your enquiry.


As is the norm, I'm afraid that from what you have told me, the roof space does not belong to you and the Freeholder is correct.


When assessing if the roof space does belong to your Flat, you have to study the definition of the "Flat" in the Lease and any accompanying Plan. Only those items mentioned in the definition and the Plan belong to you.


As the definition of your Flat does not mention the roof space (it says " the first floor building", and does not mention any roof space) and I am guessing the Plan does not show the roof space edged in red, then you have not been granted a Lease of the roof space.


I am sorry this is not the answer you were looking for, but sets out the legal position.


If I have assisted, I would be grateful if you could leave positive feedback.


Kind Regards


Customer: replied 3 years ago.

Even the ceiling is not mentioned, does that mean that he owns my ceiling?

Am I eligible to buy a share of the freehold?

Is there any standard way to determine how much it would be a reasonable price to pay?


Hi again,


The inner surface of your ceiling would be classed as yours,but anything above this is classed as being outside your Flat and hence belongs to the Freeholder.


I obviously don't know the history as to why the Freehold belongs solely to downstairs (usually, the Freehold would be owned jointly between both Flats), but I'm afraid that under legislation, you are not entitled to purchase a share or the whole of the Freehold.

You can always ask the Freeholder if they would be willing to sell you a half share- the cost would depend on the value of the Flats and how many years are left on your Lease but the average price for half the Freehold is between £8,000 and £10,000.


I'm sorry I can not give you better news.


Kind Regards


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