How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

I have leasehold ownership of the top floor flat of a two story

Resolved Question:

I have leasehold ownership of the top floor flat of a two story building, the building has a flat roof and is well suited to have a pitched roof added with a further flat constructed with in the new roof.
My question is do I own the rights to do this, currently the maintenance of the structure of the building, ie the flat roof, is shared 50/50 with the freeholder who owns the ground floor flat.
Thank you.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.A detailed analysis of your lease would be required in person with a solicitor in the normal way, but it almost for certain that you would not be able to do this without the consent of the other lease owner, who is your co-freeholder.This is because the roof is probably not included within the definition of your flat and there is will also be a restriction contained in your lease not to carry out structural alterations without the consent of the freeholder (ie. you AND the other leaseholder).So, it likely cannot be done without their consent.However, if they were either willing to give their consent (perhaps for a fee) in order for you to construct the new flat to sell yourself OR embark on the project as a joint one then it may be a viable plan subject to an analysis of the lease by a local solicitor and planning permission/building regulations.I would start by checking that your lease does contain the above restriction and presuming that it does approaching the other leaseholder to take their initial thoughts. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Thomas and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi TomI am currently trying to find a copy of the lease to clarify things before continuing the conversation. If I give feed back now can I still continue the conversation afterwards?Peter
Expert:  Thomas replied 1 year ago.
Hi Peter, Yes, you can log back in and reply to this thread, I believe). Tom