Wonder how quickly the roof space becomes “communal” if there’s a leak?
CityCyclingEdinburgh Forum » General Edinburgh
Leaking roof!
(38 posts)-
Posted 4 years ago #
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A pre-existing statutory notice on our old flat on the Pleasance (not enacted before they were all put on hold due to corruption, but the work was finally done a few years afgo after being organised by a resident) indicated that everyone was liable for the roof, guttering, shared hallway and so on but there was nothing in any deeds to determine who had access to or the benefit of the loft - presumably just the top floor; similarly, the ground floor wouldn't seem to have the right of access to the shared garden as they didn't have or need access to the stairwell from which the garden was reached, but one of the ground floor flats put in a door instead of a window at the back of the building anyway.
Posted 4 years ago # -
Seems to me that there's a good case for supporting expansion into roof spaces - densification rather than sprawl/commuters from outside city's tax base etc as long as they're (a) safe and (b) not just turned into multiple occupancy units.
full disclosure: I live in a top floor flat and have considered doing this, but concluded the legal position was too murky to be fully comfortable with it.
Posted 4 years ago # -
@mcairney, the burden in deeds is usually along the lines of an obligation for upkeep/maintenance of the roof itself, not the attic space.
@wingpig, unusual that there's not some specified right of access to the roof for maintenance purposes (as opposed to the loft/attic space). Our deeds are quite precise about that, but are silent on ownership, which under common law means the attic and roof are owned by the top flats.
Posted 4 years ago # -
@crowriver thanks, I posted this before I noticed your 2 detailed posts earlier on the topic. It does seem like the sort of thing that is likely to open a can of worms and having had a recent-ish experience of arranging a communal repair you can't underestimate the effect of goodwill amongst your neighbours!
We've had the dubious pleasure of having lived in the top floor in pretty much every flat we've lived in (2 rented, 1 owned) but at least we're moving down a floor each time..
Posted 4 years ago # -
Really useful information, thanks all.
So, I managed to get a copy of the Title Sheet from Registers of Scotland (£3.60)
Am I right in thinking to get the full deeds, you need to order the "Plain copy of individual deed" for £25, here:?
https://www.ros.gov.uk/services/order-deeds/submit-a-request
Then filling in this form, I get to a pull-down menu which asks for:
Deed type
As referenced in your title sheet
Except the Title Sheet gives no clue as to what your deed type is...
The selection box contains the following:
Disposition
Standard Security
Discharge
Deed of conditions
Feu disposition
Lease
Assignation
Assignation of lease
Assignation of security
Charging order
Contract of Excambion
Conveyance
Deed Of Evacuation
Deed Of Guardianship
Deed Of Postponement
Deed Of Real Burdens
Deed Of Restriction
Deed Of Servitude
Deed Of VariationAny ideas which I should select?
Posted 4 years ago # -
@neddie, do you have a mortgage on the property? If so, your mortgage lender has the actual deeds in their safe as security on the loan. If you write them a polite letter/e-mail they'll probably send you a photocopy free of charge.
Posted 4 years ago # -
Not all lenders hold deeds anymore. I'd they don't then most likely the most recent solicitor to have worked on the deeds will have them.
Posted 4 years ago #
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