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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My neighbours have a flying freehold over my property on the

Resolved Question:

My neighbours have a flying freehold over my property on the first floor and there is a chimney on the roof within my footprint with the chimney breast running through their bedroom. The chimney serves my two lower fireplaces only and no fires in their property.The first floor area was indicated on the land registry deeds as theirs but nothing else.
The floor space in the loft area above their bedroom contains my purlin which runs the length of my house and the roof and loft remained in my possession. They wish to build a dormer extension and I have now received a letter saying their party wall surveyor has received a deed of rectification stating that the roof, loft and tiles are theirs.

Can they change my deeds without my consent and take ownership of the chimney and roof?

I have had no notice of them changing my deeds and when they bought the house the deeds only referred to the First floor.
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

 

Your neighbours certainly can't change your Deeds without you being notified.

 

If their Deeds do clearly state that their title is only the first floor, then the loft and chimney/roof do certainly belong to you.

 

If the neighbour wished to dispute this or indeed get their Deeds changed, they would have to approach the Land Registry and if any application is made, then the Land Registry are under a duty to write to you confirming this application.

 

Having said this, if the Deeds show them as owning only the first floor, they do not have any chance of getting the Deeds rectified, unless you are willing to transfer the ownership of the roof space to them!

 

I hope this answers your question, but please let me know if you require any further information.

 

Kind Regards

AL

 

 

Customer: replied 3 years ago.

Thank you so much, this is encouraging.


 


What is this Deed of Rectification then?


Surely that has come from the land registry therefore they have changed their deeds.


 


Also is the chimney a party structure because the breast goes through their bedroom?

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Sorry- I did not mention the Deed of Rectification. Such a Deed is prepared by one party who wishes to change the extent of the property they own, and which also needs to be signed by the other party (you).

 

Such Deeds are prepared by Solicitors and if both parties are willing to enter into the Deed, once it has been signed by both parties, it is then registered at the Land Registry.

 

The chimney would be classed as a party structure.

 

I hope this helps.

 

Kind Regards

AL

Customer: replied 3 years ago.

As regards XXXXX XXXXX structure' is it therefore not owned by either party?


 


Since it is situated on my property should they should possibly request my permission to change or alter it.


 


 


It is built on the extreme edge of a rear wall as a continuance of the vertical wall (the flue is within the outer/inner wall).


 


They want to increase/raise the chimney to nearly 3 meters high to comply with 900/1000mm flue clearance regulations for a dormer build, it will look ridiculous and be over my property if it is ever to become unstable.


 


Really appreciate the feedback.

Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

As it is a party structure, it is classed as being owned by both of you, and as such they would need to get your consent under the Party Wall Act to carry out any work to it.

 

Kind Regards

AL

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