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Apartment buying, legal question

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  • 25-03-2008 4:25pm
    #1
    jfcdougal
    Closed Accounts Posts: 2 ✭


    i'm buying an appartment, it's the top appartment in a three storey block? just wondering who owns the attic?


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    I'd say that you do, but you should check the contract documents.

    I live in the top floor unit of my building, and the attic is mine to use.


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    #3
    Homer J Simpson
    Closed Accounts Posts: 172 ✭✭Homer J Simpson


    Hi,

    I had a top floor apartment before and according to my solicitor I could use it for storage but could not convert it into living accomodation.

    It would be best to ask your solicitor for advice.


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    #4
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    I recently had the same conversation with our own solicitor. His answer was that it's not common to sell the attic space as well, or that it is often sold at a extra premium. He also said that while I may be able to use the space, it's not really mine. His answer was check what the lease says. More than likely you don't own it. In fact all I own, according to him, is the shell of the inside of the apartment i.e. the inside of ceiling, walls and floor. Everything else more than likely belongs to the management company, under "common areas".


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    #5
    Del2005
    Registered Users Posts: 18,988 ✭✭✭✭Del2005


    jfcdougal wrote: »
    i'm buying an appartment, it's the top appartment in a three storey block? just wondering who owns the attic?

    Is the attic just above your apartment or is it open to the whole block? If only over your apartment then you can use it for storage but don't own it, a bit like balconies. You won't be able to convert it for living, but flooring and lighting shouldn't be an issue.

    You only own the open the air space inside the apartment as is_that_so said, everything else belongs to the MC.


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    #6
    otwb
    Registered Users Posts: 245 ✭✭otwb


    I phave a penthouse with an attic space. Story in the contracts is that I have exclusive access to the space, but do not own it. (Same point as Del is making).

    On the plus side - if you did own the attic then would that make you liable for roof leaks etc? ....personally I like the idea of that being the management companies problem.;)


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