How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

My office is one of 27 units in a building in west London,

Customer Question

My office is one of 27 units in a building in west London, each of which is individually owned as a share of freehold. The lease is 999 years. All owners on the top floor would like to extend their roof space by building a mansard and claim that they own the airspace above the pitched roof and do not have to have it valued.
I believe that they do not own the air space and that it belongs to all the unit owners who have a share in the freehold. If they want to extend they should have the airspace valued and pay a proportion back to the other unit owners.
Who is correct?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

How many owners are on the top floor that would benefit from this?

How many others are there?

Do they actually lease the loft space and who is responsible for the actual roof itself?

Be most unusual for them to lease sky.

The usual situation is that the freeholder owns the building which includes the land to the centre of the earth and “sky as far as the heavens”. Then, the leases are little boxes of property which are taken out of that usually extend to the centre of the floor joists, plaster on the walls, and the centre of the ceiling joists.

Exceptionally, the top units may or may not include the roof space the actual roof itself would normally be the responsibility of the freeholder.

Do you know the exact extent of the Premises or whatever each of the individual demise is called? you are going to need the lease on one of the top units to be able to get an accurate answer.

At this stage, I can tell you that the normal situation is that they would be wrong but the lease may shoot that down in flames.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
There are 6 units on the top floor, 30 in total in the building. All units are leasehold and have a share in the 'virtual' freehold of 999 years from 1988/9. All units pay service charges based on the sq footage of their units to cover maintenance of the entire building inc roof. I may be able to get a copy of one of the top floor units.
Thanks Mark Pritchard.
Expert:  F E Smith replied 8 months ago.

You will be able to get a copy of the lease of one of the top floor units from the land registry for a fee of about £20.

If you get the office copies from the land registry which you can do from this link, https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

You will then have the title number and details of the date of the lease which you are then enquiring about. You can get the Office Copies for £3 online but the lease will not be available online and you have to order over the telephone.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice