Roof ownership laws in Scotland

[Barbados12345]

I have recently purchased an upper flat which has a dormer conversion which extends over part of my neighbours flat. They believe that I am fully responsible for the total roof and maintenance. Surely I am responsible for the dormers and the roof space that my flat occupies and not the part of the roof that belongs to them. They are trying to make me pay for water ingress on the part of the roof which covers their flat. Anyone had any experience with this ?

Check the title but usually the actual roof will be owned in common between all the flats (so all responsible for maintenance).

Will be stated in title deeds. Usually also includes the lower flats who have a portion to pay. However, the presence of dormers suggests alterations have been made to the roof to accommodate your flat? You may have a higher percentage to pay as it's usually calculated by size of property / percentage. As an example, I live in a block of flats with 9 flats. 6 are 3 bed and 3 are 2 bed. I pay a smaller percentage than the 3 beds since they are bigger.

Also. To be clear. It doesn't matter who's flat the leak is in. We all pay.

Yep same here - doesn’t matter who the roof is over, everyone pays equally.

This goes the same for a brick balcony only two flats have access to , we still have to pay

One of the reasons we’re leaving our flat

Some older titles do make roof responsibility of top flat.

You need to read it.

I didn't buy a fabulous Victorian conversion in the West End on this basis.
Smallest flat in converted house but solely responsible for the huge complex 100+ year old roof structure.

No thanks.

More info here:

www2.gov.scot/Publications/2005/11/2194749/47514

Depends on the title deeds
Ask your solicitor to check