The situation: I have bought a flat on the top floor of an apartment block. This flat contains the sole access to a roof space. The previous owner has left a large volume of junk in this space. The previous owner is refusing to remove the items, and has offered a sum which would not cover the removal of the items.

In the terms of the missives it was agreed that all 'deletrious' and non-fixed items should be removed prior to entry of the property.

In the title-deeds it states:

(Quarto) The whole roof space pertaining to each Apartment Block shall at all times be kept clear and free of obstruction and shall at no time be used for the purpose of storage;

However I believe that the attic space is common to the apartment block:

(Secundo) The proprietors from time to time of each of the flatted dwellinghouses in each of the said Apartment Blocks shall have a pro indiviso right of property in common with each and every other proprietor in the same Apartment Block in and to:


(e) all other parts of the same Apartment Block common to the proprietors thereof with right of access to all common and other parts for all necessary and reasonable purposes including access to the roof space through the individual hatchways situated in each top floor flat;

1)Is the previous owner responsible or the entire apartment block?

2)Now that I own the flat do I have legal recourse against the previous owner if they were in breach of the title-deed at time of sale?

3) I do not know whether that in the missives the 'property' encompasses common areas with respect to the removal of junk.

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