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Exclusive roof rights in builder flats


01-Jul-2023 (In Property Law)
Some commercial businesses are being operated in my building, which was built around 10 years ago as a bungalow. Later the owner converted the house to flats and sold each flat as a separate unit. Out of 8 flats in the building and one basement, 5 are occupied by resident individuals and rest are given on lease for commercial purposes by the owner (the property is in a residential area). The first owner of the top floor flat, bought it with roof rights, as is mentioned in the sale deeds, below is quoted the relevant extract of sale deed- “Whereas the first party/ seller is the absolute owner and in possession of “x” floor with roof rights of built up property “y” consisting “z” fitted with separate required utility connections in running condition, alongwith proportionate land rights of the land under the said property with the free hold rights of the said property.” Does the owner have exclusive roof rights with only water tank access for other residents?
Answers (2)

Answer #1
982 votes
Hello I have perused your query.

It depends upon builder to builder and Project to Project. Generally in high rise building roof rights are not being given as many of the common facilities are installed on the roof . However in low rise building and generally in Builder floors , roof right are being given by paying additional amount

Ideally the terrace can be accessed by all the residents of the building. However, if the resident of the top floor has bought the exclusive rights to use the terrace, he/she cannot deny the other residents to carry out tasks such as repair water tank. I would suggest you to discuss the matter among the residents and ask the society secretary to find an amicable solution.
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Answer #2
593 votes
yes, he has exclusive roof rights

what are the roof rights that is to be seen, only way to look into it by reading thoroughly sale deeds of the top floors and of any other floor, if available.

Only then a definite answer can be given to your query.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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