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Rooftop rights for first floor lanflords in a residential area


29-Jul-2023 (In Property Law)
I m a landlord of first floor. The neighbours on the top floor have put a lock on the rooftop door. They are also landlord of their flat. They are not providing duplicate key to us and the ground-floor landlord. Failing which we have to beg for the key everytime we need an inspection or a visit at the top floor. Do they have the right to the issue? If not! Can we file a civil suit against them? As they have not been Co operating with us on the issue. Plz guide... Do they have the right to do so?
Answers (3)

Answer #1
957 votes
Dear queriest, 1) generally it is asume the care of the terrace is taken by the persins living in top floor. 2) you might read the agenda plan of the aprtment you are living in. 3) in the case it is silent you can talk with the contractor or administrator and such communication should be in writing. 4) if contractor is not helping you and you are living in building other then apartments/flats you can file right of ease in civil court. It will be little diffucult to get fully right to use terrace but u can get some days on some conditions to use the terrace. On violation of such your rights to use will be siezed. Thnks
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Advocate Shivam Sood

Adv. Shivam Sood

LawRato Ludhiana | 5+ Answers
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Answer #2
851 votes
Hi first of all you must check there ownership deed from your socity office or local registar.is they also have right of rooftop.if no than you first forward complaint against them your area police station.other wise you have right to file civil suit against them.
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Advocate Harminder Singh Dhillon

Adv. Harminder Singh Dhillon

LawRatoJalandhar | 25+ Answers
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Answer #3
797 votes
If you are co-owner in the building and your sale deed clearly gave you right to access the roof as common areas then you have right to access the roof as and when you needed. Again ask the owner of the top floor to issue duplicate key and if he creats trouble then you have right to file suit in the competent court of law. But before filing suit first you issue legal notice to them. If your sale deed/ sale agreement shows that the roof is not used as common purpose then we have to check the easement right and file suit accordingly.
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Advocate Ashish Kumar Bembey

Adv. Ashish Kumar Bembey

LawRatoJalandhar | 25+ Answers
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