Help... Advice needed. I live in a four in block built in the 1930's. The maintenance of the roof has always been split between the four flats. Upstairs neighbour put in for planning permission to convert attic with dormer front and back, which they duly got (planning permission is a civil matter not a legal).
Believing that I owned a quarter share (the burden's state share of maintenance and title deeds state pro indiviso share of solum) of the roof, I informed them that I would not be signing over my title to the roof. This is the position that it has sat at for months... Until today, came home from work to find scaffolding in my front garden and builders preparing to knock a hole in the roof.
Spoken to neighbour who has said that their title deeds are silent on the attic space so their solicitor has informed them that the tenements act applies and the roof is theirs. They've also said that they have a right of access to my garden for maintenance and they can put scaffolding up for the next six weeks. My small garden will now be out of commission for dd for the start of summer.
At my wits end, don't really have the finances to go through a long court battle, I thought the pro indiviso share of the solum meant they couldn't break through the roof.... Think they've been humouring me and plotting the process behind my back for months because I'm a single mum and that I'll just accept it - Grrr.
Can anyone advise what my next step should be, recognising that I don't want to incur thousands of pounds in legal expenses.... Thanks so much...
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Neighbours attic conversion
41 replies
Edinburghlass99 · 23/03/2015 14:38
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