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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I own a 1/2 share of the freehold in a leasehold property.

Customer Question

I own a 1/2 share of the freehold in a leasehold property. So I am both a freeholder and leaseholder. There are two flats in the property.

The coping stones along the top edge of the exterior wall of our flats are in need of repair/replacement. Under the terms of our lease I think we have 50:50 share of repair costs.
I had a loft conversion done and am perhaps now responsible for the maintenance of the roof, but the lease was never updated to reflect this.
Is a coping stone normally considered to be part of the exterior wall or part of the roof?
Just wondered if I am liable for entire cost or should my neighbour pay half.

Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.

It seems to me that you and your neighbour should share the cost equally as it is arguable that the stones are part of the wall and not roof and in any event, there is no agreement in place that you are now solely responsible for the repairs to the roof.

Best thing would be to approach him and see what he has to say about this as you both need to agree when to get the work done and at what cost.

Hope this helps
Customer: replied 2 years ago.



Thanks for your response.

I agree that the Coping stones are part of the wall as they primarily protect the wall from rain / damp etc and will advise him of this.


My neighbor is insisting that I am responsible for the roof as I had the loft conversion done.

I have pointed out that I have already paid for the complete roof to be replaced, so all the roof tiles, roof felt and ridge tiles. The concrete render and flashing was also repaired on both parapet walls. As I understand it we are jointly responsible for the external wall as we are semi detached and the neighbor on the left side should be partly responsible for repairs to the party wall/ parapet wall.


Th coping stones requiring repair are all on top our external wall.

I have read through the terms of the lease and the external walls and roof are mentioned, but nothing as specific as the coping stones.


I have also approached my neighbor and suggested we get a variation to the lease to clarify the situation regards the roof and loft space, but he has not understood and has been reluctant to co-operate.


Can I have a variation to the lease drawn up and present it to him and if he does not object within say 28 days then the variation is considered to be valid and accepted?


I have also paid a builder to carry out repairs to the coping stones and asked my neighbor to pay 1/3 of the outstanding balance on completion of the work.


I feel I have bent over backwards to facilitate the work and maintain good relations with my neighbor and builder, but am now running out of patience and options.


Thanks again for your advice.


Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I am afraid your neighbour would need to agree and sign any variation of lease and the proposal you are suggesting would not work.

If you have an issue with your neighbour that cannot be resolved, you may always make a court claim for him to pay you his share of the money as per the existing lease. The easiest way to do so is

All the best
Customer: replied 2 years ago.


Thanks for your advice I will discuss this again with my neighbor.

Expert:  UKSolicitorJA replied 2 years ago.

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