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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own a duplex apartment and I would like to access the

Resolved Question:

Hi,
I own a duplex apartment and I would like to access the loft space above my bedroom for a possible extension project. The apartment is one of five flat conversions of an old Victorian property and, among the 5 residents, we share the freehold.
The lease is not specific about the loft space above my property, hence my question is whether I can rightfully build an access to it and claim it.
Thanks,
Robert
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi Robert,Thanks for your enquiry.At present, you only enjoy the rights and the land comprised within your Lease. Hence, as the loft area is not included in the demise of your apartment, I'm afraid you certainly don't have the right to access it and enjoy the use of it.There are 2 things therefore that need to be done, before you can legally use the loft-1. Obtain the consent of the other 4 Freeholders to use the loft.2. If consent is granted, you would need to change your Lease so that it is formally documented to show that the loft is included. This is done by way of a Deed of Variation, and which document is signed by you as the Tenant and also signed on behalf of the Freeholders. Such a Deed may also wish to include further covenants on your part as to maintaining the loft space in good repair.I hope this assists and sets out the general legal position.Please bear in mind that your fellow Freeholders could object to your request or ask for a monetary sum, on the basis that you are extending the demise of your Lease.Kind RegardsAl
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