Loft Conversion

[Val25]

Hello everyone!
When I bought my flat 3 years ago - it's a first floor flat - the state agent told me I could convert the loft and I naively believed him without checking with a solicitor. There is one more flat within the property and we both own the Freehold. Then, when the owner of the other flat decided to sell, I asked her to 'give' the loft to me (sole permission to use it) and she did so in writing before selling it. Does anyone know if I can now convert the loft (subject to permission, probably altering the house deed, etc?) without having to deal with the other Freeholder, other than permission maybe? The access is only through my property, they couldn't use the loft anyway.
Thank you

I would imagine that unless the freehold of the loft is explicitly now yours, in writing, and the deeds to both flats reflect this, then you would need your neighbour's permission.

Is the loft demised to you?

Yes, it is in writing, I just haven’t gone to the solicitor to make it oficial but I’ve got the letter 😅
Thank you!

Yes, I’ve got a letter from the previous owner just before she sold her flat

The reason I’m asking is, when the new owner met me for the first time he said ‘the loft is not yours by the way’ which made my heart drop. At the time I couldn’t go to a solicitor for financial reasons to sort this out.

But unless it was made legal - i.e. paperwork that removed ownership of the loft access from the downstairs flat and gave ownership to you, changing the deeds accordingly - then she most likely sold the rights over the loft to the new purchaser along with the flat. I don't think a letter saying "I give you my permission" would really hold much weight legally, when the deeds show something different. Plus, "sole permission to use" the loft, is very different to "sole ownership of the loft".

I think you need to consult a solicitor, but honestly, I wouldn't hold out much hope.

I think your neighbour is right and you need to talk to your solicitor. I would imagine that if you want to convert the loft, you will need to financially compensate your neighbour.

That’s what I’m afraid of. Bought the flat counting on the loft for my special needs son to live eventually and now I’m reluctant to go to a solicitor to find out the possible outcome.
Thank you for advice!