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?
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