Do I own the loft?

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    Do I own the loft?

    Hi all,

    Appreciate this is an age old question, but in the process of purchasing a leasehold flat and there is a dispute over the loft. I would own the upper maisonette.

    The lease states the upper flat including:
    A - The main structural walls thereof at first floor level
    B - The floors and joists supporting them
    C - the ceilings
    D - the windows window frames and doors
    E - the roof of the building

    How probably is it from E that I own the loft?

    Well you own the ceiling below the loft and the roof above the loft, so it stand to reason that you don't own the loft.


      Hi, just to be clear, do you mean do as opposed to don't?


        Have you read this thread?


          Hi Lawcruncher,

          No I haven't read it before, thank you for sending on. If I read this correctly it implies that I would own the lease. The loft is indeed only accessible from the first floor flat. The plan I have been sent on the deeds shows the start of the boundary at the start of the steps to the flat.

          And this line as well: In summary, if the lease is silent, the property is of standard construction and the loft is accessible only from the flat a landlord is going to be hard pressed to argue it is not included.


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