_____________________________
Flat1 | Flat2 |
| |
_____________ |______________ |
Flat3 | Flat4 |
| |
_[]__________[]_|_[]__________[]__|
Are the properties divided like the above? If so, let's assume you own flat 3, and that it's the owner of flat 2 who believes you should contribute to the costs of fixing his roof.
The coomon law position is that the owner of the top flat owns the roof. If the title deeds were silent as to who paid for the repairs, then the common law position was that the owner of the roof was also responsible for it's repairs - the owner of flat 2. Your title deeds do not appear to be silent and you must share the costs of roof repairs - but what part of the roof does this obligation extend to?
If the properties are divided as I've sketched above, and the title deeds specify that you only share costs of repairs to the property directly above you (flat 1), then you have no obligation towards the owner of flat 2's roof. He should probably look towards the owner of flat 4 who lives beneath him.
However if the title deeds are silent on the specific issue of what part of the roof you are obliged to share the cost of repairs with, and just generally states that you should share the costs of roof repairs, then you have a problem.
The Tenements (Scotland) Act 2006 (that came into force on Nov 28, 2006), introduces a ' tenement management scheme'. The TMS sets out that all owners of the tenement share the costs of repairs to the roof where the title deeds are silent. In your case, all owners of the four properties would then be obliged to pay 25% each of the repair costs.