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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have a roof terrace which i built with the consent of the

Customer Question

i have a roof terrace which i built with the consent of the freeholder at the time, 2001.
sinde then the freeholder has changed. I am thinking of selling my flat. is the roof terrace now mine? as an aside, the freeholder did drawings for a basement extension to the building which included my roof terrace in them
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask did you obtain written consent from the freeholder please?

JACUSTOMER-fb6iasvt- :

yes, but I cant find it.

Joshua :

Thanks. Did you make any payment to the freeholder at the time for consent? Was it obtained through a solicitor or directly by you?

JACUSTOMER-fb6iasvt- :

no payment was made. I just asked him, and he said go ahead, as long as the cost of upkeep of the terrace was exclusively my responsibility

Joshua :

Thank you. Your lease will define the extent of your demise (i.e. the extent of property you own under your lease). If the roof terrace area is defined belonging to you under the terms of your lease then it is included with your lease demise.

Joshua :

if the roof terrace area is not defined as being included then the starting point is that the area does not belong to you. If this is the case, which is probably likely if the roof terrace did not exist at the time the lease was granted, he would need to obtain consent from the freeholder both to build the roof terrace and to vary the terms of your lease to include that new area

Joshua :

this is usually done by way of something known as a deed of variation, however, in the interim there is nothing preventing you achieving much the same result informally in the form of a letter from the freeholder or something similar though it would need to be quite specific and a deed of variation would be required at some point in the future before you sold the fat in order to regularise the position for which a solicitor would be required

Joshua :

my major concern is the loss of written permission because the danger is that if the roof terrace is not included in the original demise of your property under the original lease, the new freeholder may claim you are in breach of lease conditions and seek to charge you for the increase to your property. It also may cause complications if you were to sell the property if the roof terrace is not included within your lease.

Joshua :

The first step therefore is to attempt to find the written permission you obtained and if you cannot do so, to see if you can obtain a copy from the original freeholder if you can trace him

JACUSTOMER-fb6iasvt- :

ok thanks

Joshua :

providing you can find this, it should be possible for you to formally amend your lease if necessary through the course of the new freeholder refuses to comply.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 1 year ago.

hi Joshua

good news, i have tracked down my old freeholder, and he has agreed to supply the written permission you mentioned. what exactly do you suggest the letter says?

Expert:  Joshua replied 1 year ago.
That is ideal. If you have a plan then this can be attached and referred to in the letter and he can confirm that in [year] he granted you permission to build the roof terrace and to extend the demise of your flat to include that area and would execute a suitable deed of variation to your lease to be supplied and prepared at your expense at such time in the future as you wished.
Customer: replied 1 year ago.

Fab, thanks

Expert:  Joshua replied 1 year ago.
A pleasure. Well done!

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