After 12 years, can I claim 'adverse possession' of a flat roof area?

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    After 12 years, can I claim 'adverse possession' of a flat roof area?

    I purchased a leasehold flat just over 11 years ago which has access onto a flat roof through french doors.
    The roof is above both a shared hallway and another flat in the building.
    The area is not outlined in the lease as being part of my flat, which I knew at purchase.

    I would like to get the area tiled/decked to take footfall -the majority of other houses along the terrace have done this- but I would need to own it to do this.

    The freeholder is Islington Council and I was rejected in my attempt to buy the area from them 5 years ago.

    However, coming up to 12 years, would it be possible to claim 'adverse posession',
    to get the area incorporated into the lease, and how would I go about doing this?

    Many thanks!
    Jo

    #2
    No need to wait 12yrs. As both leaseholds are (almost certainly) registered at HMLR, the period of adverse possession is 10+2; after 10yrs., you can apply on form ADV1 if the evidence suffices.

    See HMLR Practice Guide 4: http://www1.landregistry.gov.uk/uplo...ments/pg4.html
    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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    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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      #3
      Thankyou

      Thankyou for this information, it's very much appreciated. I'll have a thorough read!

      Comment


        #4
        Any written application made to the council to buy the land from them stopped adverse possession at that date. You now need 10 years from that date before you can apply to be registered and if the land is registered already, the Land Registry will inform the council about the application.

        If they object to the application, which is most probable, they then have a further two years to seek a repossession order against you.

        The earlier comment by Jeffrey about registered leasehold titles is not clear, unless the flat roof is demised by the lease given to the ground floor flat.
        That is not always the case.
        It is likely still owned with freehold title by the council.

        Your chances of successfully claiming a possessory title range from extremely slim to no chance whatsoever.

        Comment


          #5
          Thanks for highlighting these critical points.

          Thanks for highlighting these critical points. I was surprised that it should seem so straightfoward, and already had alarm bells ringing that if it sounds too good to be true it probably is!

          You are right that it is the council that owns the freehold and it is not demised to the flat below.

          If I continue to tread carefully across the roof to soak up a bit of sunshine every now and then, what are the most severe measures that the council take, should they decide to prevent me from using the area? (A nasty letter from them several years back just spurred me on these rare ocassions to step out more quietly).

          Comment


            #6
            You could offer to rent the roof space as an extension to your current lease.
            That may be worth while if the extra rent is reasonable.

            Comment


              #7
              Originally posted by pilman View Post
              You could offer to rent the roof space as an extension to your current lease.
              That may be worth while if the extra rent is reasonable.
              True, but we don't know who is competent to demise it: L can do so only if it's not demised to flat below.
              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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              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).

              Comment

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