Upstairs neighbour using my flat roof for informal roof terrace

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    Upstairs neighbour using my flat roof for informal roof terrace

    When I bought my flat some years ago (terraced house divided into 3 flats, leasehold owners of the 3 flats own the freehold), upstairs neighbour had an informal roof terrace on a flat roof that is part of my lease. This does not cause us any problems and I was understanding as had moved from a flat where I was the one with the roof terrace. The way our building is, we have access to another flat roof and a garden so no need to use her terrace. Neighbour is concerned that if we move in future, new owners of our flat may ask her not to use roof terrace. She has suggested considering selling a share of the flat roof to her i.e. moving from our lease to shared between us, or all to her. Appreciate this would need a surveyor to comment on value and legal input would also be needed, but any thoughts or experience with something like this? I think selling this all to her would be problematic due to upkeep issues. For reference there is also another flat in the building who is unaffected by this.

    #2
    I'm in a similar position to your upstairs neighbour.
    My downstairs neighbours built an extension at the back which created a small flat roof that I can access. We agreed at the time that I could have access to it but I was also concerned that subsequent owners might try and stop me. So, as part of a process of extending both our leases, we inserted some updated floorplans into them, and the flat roof area is outlined as part of my 'demise'.
    This unfortunately leaves a bit of an ambiguous situation when it comes to who is responsible for the upkeep of that flat roof. If it developed significant problems/leaks there could be an argument about who is to pay for repairs.

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      #3
      FLAT A.
      Any roof, flat or angled, should always be the freeholders property to maintain,( Member Blocks, see further down ) to re-cover, and replace the beams supporting the roof, in the same way the external brickwork outside the flats is also the property of the freeholder both of which are included in everyone's service charges to have maintained.

      BLOCKS.
      Leaseholder built an extension.
      Then that leaseholder is responsible for ALL maintenance and repairs, including ALL the exterior parts, as the freeholder did not build it, nor was it there when the flat first lease was originally sold. And no other leaseholders contribute to any repairs to the extension.

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        #4
        Originally posted by ram View Post
        [SIZE=14px]FLAT A.
        the external brickwork outside the flats is also the property of the freeholder both of which are included in everyone's service charges to have maintained.
        I would be interested in your comment on a question I posted on another thread, because when I read my lease it appears to me that I am responsible for the external brickwork enclosing my flat:

        https://forums.landlordzone.co.uk/fo...external-walls

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