• Freeholder With A Roof Terrace

    By Guest on 30th Nov 2016

    I am a Freeholder, one of x3 in a x3 flat converted former house. My flat is the first floor of the x3 flats (there is one below and above me). Back in 2008 the Ground Floor flat owner approached me about building an extension to his flat and as part of his plans, it would include a roof terrace above his extension that I could own. As part of the application, I would pay him a full and final fee for the ownership of the roof terrace space that had been created by his extension. We were informed immediately by our Council's planning team that my application as part of the joint application would be rejected. Subsequently, he had his extension approved and built his extension. He sold the flat 3 years ago and I approached my new neighbours in 2015 about resubmitting my planning application to knock through the wall and access the roof terrace. They were happy for me to do this, I did and it was approved earlier this year and has been completed.
    I informed my neighbours that I would honour my commitment to pay the fee for the ownership of the space. I was told that to do this I would need to do it as a Freeholder and not a neighbour to ensure it is watertight legally. I have contacted the 3rd Freeholder and explained in writing what I plan to do and he informed me in writing that he has no issues with it and is happy for me to proceed with payment.
    I need to ask if anyone knows how should do this. Do We need to amend the existing Freehold? Do I need to inform the Land Registry? Any other requirements that I need to do before I transfer any monies? Thanks.

  • 1 Answers

    By Guest on 08/12/2016

    For anyone to answer this question they would need to see your deeds and the deeds to the flat below. It is possible the leases would need to be varied which would need to be registered at land registry. You ought to instruct a conveyancer.

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