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Owing freeholders for converting 'our' loft

(3 Posts)
DowntheTown Sun 02-Oct-11 21:46:50


Just wondering if anyone could kindly shed some light on a flat loft/freehold issue.

We have a share of freehold, but converted our loft (only accessible by us) without written (though verbal) permission from other freeholders.

They now say we owe them a 'premium' as it appears the loft does belong to all freeholders in the lease. (We got poor legal advice at the time.)

Does this sound right, and does anyone know how much we might owe them for this 'premium' - ie to pay them for us profiting from the loft. (It's put a second bedroom and tiny office in).

Is it worked out as the difference between the value of the property without the loft conversion, versus the value of the property if that loft conversion hadn't been done, minus all the costs we incurred to create the loft?

Is that right? And are costs worked out as of now, or as of when the work was done (a few years ago).

Any help or thoughts much appreciated. Thanks!

lucidlady Sat 08-Oct-11 22:24:24

Unless the loft area is clearly demised (ie part of your property) in the title deeds then yes you need to pay up. There are a number of ways of agreeing the value - I'd recommend you get some advice from a specialist surveyor. Good luck!

Lizcat Sun 09-Oct-11 13:49:52

As lucid describes I have a top floor flat and the leasehold specifically states that it includes the loft as well.

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