Buying freehold block to build on roof- T is dead.

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    Buying freehold block to build on roof- T is dead.

    A colleague is looking to buy a property. The property he intends to buy is on the top floor of the building and he is buying the freehold.

    The plan is to build a roof garden on the roof, assuming planning consent. However, the person who owns the leadhold to the roof died 2 years ago. And no one has claimed the rights to the leasehold, and the other freeholders are unaware there is one. What can he do?



    Ask the solicitor who's being paid to advise him? This sounds a rather complex position and detailed documentation analysis is needed so as to assess exactly who owns what. How can someone own only the roof, anyway? The fact that someone has died is not itself a problem (except to the Deceased and mourning relatives) but your colleague should not rely on website responses (even from the august portal of LandlordZONE!)
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


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