• Loft Demise

    By Guest on 21st Aug 2014

    I own a share of freehold where the other joint freeholder would like to extend into the loft. Their original lease made no reference to the loft space but a deed of variation 20 years ago with adapted wording, however the plan the new wording refers to (please see below) still has no red line drawn around the loft or the space around it. I would like to understand whether the lease does cover the loft or not, my understanding would be not but I would very much appreciate a legal opinion. The new wording in the lease is: “The Lessor hereby demises under the Lessee all the piece and parcel of land shown on the plan annexed hereto and thereon edged red, being the flat on the first and second floors of the building together with the entrance hall and staircase leading thereto and situated on the ground floor of the building and including one half of the depth of the structure between the floor of the flat and the ceiling of the ground floor flat the internal and external walls above the same lever and the roof of the building.” Many thanks in advance

  • 1 Answers

    By Guest on 30/08/2014

    Based on this wording the lease does not include the loft but you mention a deed of variation, which may be relevant.

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