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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Can you please advise me in this case? I am planning to

Resolved Question:

Hello,
Can you please advise me in this case?
I am planning to build an extension to my property to the side and back of my house.
We have bought the land from our landlord with the owner of the property on the 1st floor.
The back garden where I am planning to build the extension is mine. The 1st-floor owner got the garden in the front of the property only.
Now he's asking me for permission to build an extension above mine, at first-floor level.
Please advise.
Thank you in advance.
Kind regards,
Krasimir Ivanov *****
Dagenham,
RM8 3DD
Submitted: 9 months ago.
Category: Law
Expert:  Buachaill replied 9 months ago.

1. Dear Krasimir, it is your decision whether you want to sell the right to build at the first floor level to your 1st floor property owner. In law, the 1st floor property owner has no right to build an extension there as he doesn't own the rear garden. This is because you own the air and space above the rear garden as you are the owner of the rear garden. Your 1st floor property owner needs to buy the right to build an extension at this level from you as you now own the ability to put an extension at this level above the rear garden. So, it is up to you whether and at what price you wish to sell this right to the 1st floor property owner. Alternatively, you can refuse to sell this right to him and you can use it yourself. However, the choice is yours.

Expert:  Buachaill replied 9 months ago.

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