Hi there,
I am looking for a solicitor who can help me to understand if I own the roof above my garden floor flat extension, or if my neighbor owns the top layer on which they have put a terrace without planning permission.
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They would need planning permission with your consent. Because they have already done it plays in your favour for them to be removed. I would just report it to the council and let the neighbours know.
Assuming this is a share of freehold situation, what does your and their lease say. If the space is not demised to them on their lease, then no they can't use it. Like you say there is also the issue of planning and building control consents required.
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