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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I am selling my upstairs flat. I have a half share of the freehold

Customer Question

I am selling my upstairs flat. I have a half share of the freehold with my downstairs neighbour. My buyer asked for a variation to clarify access to a roof terrace. The terrace is a flat roof - the roof of an extension built in the early 80s. As a result of the extension, I can only exit my flat by crossing the roof to reach steps that take median into my share of the garden. The roof has had decking (regularly renewed, along with felt) and railings since I bought the flat 17 years ago. However, my co freeholder refusedto agree to the variation until (a) a structural survey is done ( it was, and the loading is fine) and (b) building regs consent is awarded. We think this request is unreasonable, as the extension makes it impossible for us to do anything other than use the roof, and by virtue of its age cannot be regularised this way. Is this right, and what other options might be available to us?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. Has your conveyancer mentioned indemnity insurance to cover off the issue?