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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I own the ground floor flat of a converted house. There is

Customer Question

I own the ground floor flat of a converted house. There is one flat upstairs. We both own 50% of the freehold.
My kitchen extends as a single storey at the back of the house.
My upstairs neighbour fitted double glazed doors that open outwards and onto my flat roof.
Over the past five years his tenants have used it as a roof terrace, laundry drying area, dog toilet, etc.
After the latest incident of children playing up there, I fixed a 4x2 wooden beam that impeded the opening of the door. They can now open about 6 inches. All the fixings for the beam are made into my brickwork and the height of the beam does not obstruct the view.
Am I entitled to do this to stop the constant trespass?
Is the owner of the flat allowed to break the blocking beam located on my property?
Many thanks for your help
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.


Hi Nicola,


 


I'm happy to wait.


It's been a problem that's been 7 years in the making, a few hours, days etc makes little difference.


Within a week would be good though ;)


 


Regards


 


Nick

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of both of the Original Leases of the flats (you should as Freeholder)
Clare
Customer: replied 2 years ago.


Hi Clare,


 


Yes I have a copy of both leases.


If it's of any help I also have a site drawing showing the doors/windows opening inward.


 


Regards


 


Nick

Customer: replied 2 years ago.

Clare
Think I was being a bit thick earlier, do you want copies?


Let me know and I'll scan them.


Attached is the boundary of the upper floor flat.


The doors that open inwards in bedroom 2 now open outwards.


 

Customer: replied 2 years ago.

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Expert:  Clare replied 2 years ago.
Hi
Sorry for the delay
I was going to ask you to look at the wording - but actually the plans will do fine.
The Upstairs flat have no right to use the roof - it does not form part of the flat and the use of it to date has been trespass - and your are entitled to pursue the Leaseholder for any damage done to your roof.
i would suggest that you get it checked and then write to him/her and confirm that you have taken action to prevent further trespass - refer him to the Leases and ask him to inform his tenant that breaking your bar will amount to criminal damage.
I hope that this is of assistance
- please ask if you need further details
Clare
Customer: replied 2 years ago.


Many thanks for that.


 


Can I assume then the bar is legal, as although he can fit double doors, he has no right to expect them to open if they meet an obstruction on my property?


I have had about 10 emails from him where he states he has a right to a fully functioning door.


The site plan show them opening inwards and the new doors open outwards.

Expert:  Clare replied 2 years ago.
Hi
He is incorrect.
he is indeed entitled to have fully functioning doors - he simply has no rights over your roof - his property ends at those doors
Offer him a compromise - say that you will agree to the doors opening over your roof provided that he fits a railing INSIDE the doorway so that the doors cannot be used as an exit.
Clare

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