Established rights to attic conversion in apartment complex

touchdown77

The directors of a management company discover, by a listing on daft.ie, that one apartment owner has converted the attic space into a 3rd bedroom. The directors look at their lease and see that only ground and first floors are on long lease to the apartment owners, not the attic.

If the conversion happened longer than 12 years ago does that mean the apartment owner has rights to the attic now?


Let’s say the directors take a practical approach want to sort it out along the following lines;

• Apartment owner must regularise planning and building & fire regulations, at their own expense.

• If/when its made compliant, the management company would ‘sell’ the attic floor on a long lease basis, same as the main apartment.

• Service charges are re-calculated to take into account the increased floor area of one apartment i.e. its likely to increase by about one third.

nuac

Mod
The Management Co should urgently consult its solicitor, town-planning, fire safety and insurance advisors. Insurers should be notified
Subject to that will leave open for general discussion, but not for specific legal advice

4ensic15

There was a case recently concerning premises in Galway.
http://www.courts.ie/Judgments.nsf/0/5ECA1D96E74312D580257E8A002E52D5

It would appear that there is the possibility that a management company paying insurance for the premises and carrying out some maintenance may be able to stop adverse possession running against them. The access to the attic may also have come about through an actionable breach of covenant. Concealment of the works may also stop the clock running. plenty of fun for the lawyers there.