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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Im a leaseholder wanting to carry out a roof extension into

Customer Question

Im a leaseholder wanting to carry out a roof extension into the airspace above my flat. I have the consent of the freeholder but do I need to include the 'airspace' in the demise of the amended lease or can I agree a licence to carry out the worlks and an amended lease plan instead?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The freeholder is in the process of a 1993 Leasehold Reform act enfranchisement and wants to avoid accidentally demising a space which is in the Freehold interest . The freeholder has rights within all the Leases to alter the layout of the Common parts which I believe includes air space.
Expert:  Nicola-mod replied 1 year ago.
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.
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Customer: replied 1 year ago.
Please do continue to search . Thanks. Sue
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  propertylawyer replied 1 year ago.

Hi Sue

Thanks for your question.

Not having seen your lease but based on the fact stated by you I would say, in a nutshell, that the proper way to do this is to extend the demise of your flat to include the loft space. This way it is yours and you will avoid problems in the future if/when you sell the lease or remortgage.

I hope this helps.

Kind regards