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.
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?
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.
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.
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.