Buying the Freehold of a Leasehold Property
Guide to buying the Freehold of a Leasehold Property.
The logic of leasehold is hard to understand at times, that you can buy a home but not own the land it ha..link
Flying Freehold
What Is a Flying Freehold?
Most property buyers are familiar with the terms freehold and leasehold, but a less common issue that can arise during a property transaction is a flying freehold.
A flying freehold exists where part of one freehold property extends over, or sometimes under, another person's freehold property. Despite the name, the property does not have to be literally "flying" or suspended in the air. It simply means that part of the building crosses the usual boundary line between two separately owned freehold properties.
Examples of a Flying Freehold
Flying freeholds are often found in older or closely built properties, particularly where buildings have been altered or divided over time. Common examples include:
- A room built above a shared passageway
- A bedroom or bathroom that extends over part of a neighbouring property
- A cellar or basement that runs underneath another property
- A balcony or overhanging structure that crosses the boundary line
- Terraced or semi-detached houses where the legal boundary does not run neatly from ground level to roof level
- Maisonettes or converted buildings where parts of one property sit above or below another freehold property
In many cases, owners may not even realise that their property includes a flying freehold until they come to sell, remortgage or investigate the title in more detail.
Why Can a Flying Freehold Cause Problems?
A flying freehold is not automatically a serious problem, but it can raise legal and practical issues.
The main concern is that one property may depend on another for support, shelter, access or repair. For example, if part of your property sits above your neighbour's passageway, you may need rights of access to inspect, maintain or repair that part of the building.
Difficulties can arise if the legal title does not clearly set out the necessary rights and obligations. This may include:
- Rights of support from the neighbouring property
- Rights of access to carry out repairs
- Rights of shelter or protection
- Responsibility for maintenance and repair
- Arrangements for shared structures or adjoining walls
A further issue is that positive covenants between freehold owners can be difficult to enforce. This means it may not always be straightforward to make a neighbouring freeholder contribute to repairs or comply with ongoing obligations.
Will a Flying Freehold Affect a Sale or Mortgage?
A flying freehold can sometimes make a sale or remortgage more complicated. Some mortgage lenders are cautious about flying freeholds, particularly if a large part of the property is affected or if the title does not contain adequate legal rights.
However, a flying freehold does not necessarily mean that a transaction cannot proceed. Much will depend on the size and nature of the flying freehold, the wording of the title documents, the lender's requirements and whether any additional protection is needed.
In some cases, a solicitor may recommend an indemnity insurance policy. In other cases, the buyer or lender may require further investigation, additional rights to be granted, or confirmation that the existing title is acceptable.
What Should You Do If a Flying Freehold Is Found?
If a flying freehold is identified during a property transaction, it is important not to ignore it. A conveyancing solicitor should review the title carefully and check whether the property has the rights needed for support, access, maintenance and repair.
The key question is not simply whether a flying freehold exists, but whether the legal title gives the owner sufficient protection.
Legal Advice on Flying Freeholds
Flying freeholds are often manageable, but they need to be considered properly before contracts are exchanged. Buyers, sellers and mortgage applicants should take legal advice so that any risks are identified early and dealt with correctly.
Understanding the issue at the start of the transaction can help avoid delays, lender concerns or unexpected problems after completion.
related news
Agricultural Law.
link
Aviation Law Solicitors.
This is a highly specialised area of the Law and covers both aircraft and their facilities as well as many other areas detailed here.
link
Charity Law Solicitors.
As a charity it is important to understand your legal obligations and rights, a Charity Law solicitor swill be able to help with this, find Charity Law Solicitors from Solicitors.com
link
Civil Liberties and Human Rights | Solicitors.com
Solicitors.com - if you are looking to take action under the Human Rights Act, understand your rights and how a solicitor can assist you.
link
Construction and Civil Engineering Law | Solicitors.com
link
Consumer Law, Consumer problems.
We have produced a few guides to help you but would recommend that you speak to a solicitor as all situations are different.
link
Education solicitors | Solicitors.com
link
Mental Health Solicitors.
link
Property Abroad.
If you are looking to buy a property abroad you will need expert legal advice, this section details services provided, and offers guidance on how to find a solicitor for your needs.
linkrecent articles
Flying Freehold
What is a Flying Freehold and should it matter?..
linkUnderstand Conveyancing Quotes
When you look for a conveyancing solicitor to act for you we recommend that you contact a few to compare price, obviously price is not the only factor you look..link
Neighbour Disputes | Trees and Hedges.
Neighbour Disputes can escalate to affect your life and enjoyment of your property, if handled in the wrong way they can cause tension and in some cases argumen..link
Government to introduce New Homes Ombudsman
The government announces a New Homes Ombudsman to protect consume..
linkProperty Surveys.
Understand the different Survey options available to you if you are buying a property...link
Appointing a Solicitor
Guide to some of the factors people use when appointing a Solicitor...link
Landlord Solicitors - solicitors.com
Landlord Solicitors. Landlord solicitors will be able to advise Landlords and Letting Agents of residential property on all issues arising out of residential te..link
Tenancy terms reviewed.
Minimum rental terms of three years could be introduced under new..
linkEnergy Performance Certificates
Energy Performance Certificates. Domestic and Commercial properties that are available to buy or rent must have an Energy Performance Certificate (EPC). What a..link
Restrictive Covenants
Restrictive covenants - If you happen across a restrictive covenant in a contract, what is it and why is it in place?..link
The legal rights of unmarried couples.
The legal rights of unmarried couples, regarding property. - In the event of the breakup of a relationship where the couple are not married what happens to the..link
Is there anything wrong with this page? - any amendments will receive accreditation - email us link
Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.
Information by area of law
Conveyancing Solicitors.
Step by step guide to help you understand the process of Conveyancing and moving.
link.jpg)
Criminal Solicitors.
We have put together a few guidance notes for your help with Criminal law matters, if you require a solicitors please use the search facility or ask a question.
link
Commercial law.
If you are looking for a commercial solicitor understand your options by contacting one of the 100s of commercial law firms on solicitors.com
link
Clinical or Medical Negligence Solicitors
If you are considering making a claim for Medical Negligence understand your rights and the process, find a medical compensation solicitor via solicitors.com
link
Debt Collection Solicitors.
The amount of money owing may dictate the route you take to reclaim your money, we recommend that you discuss your situation with a solicitor, or you can call the CAB on 0808 223 1133.
link
Dental Negligence Solicitors
To undertake a dental negligence claim you must have sustained an injury or damage, as a result of the dental treatment understand the options available to you.
link
Family Law Solicitors.
Family Law Solicitors can help you resolve the problems which may arise in the break-up of relationships, including financial issues and matters concerning any children.
link
Motoring Offences Solicitors.
Will be able to assist on all areas of Motoring Law for Example Drink Driving, Dangerous Driving, Careless Driving, Totting Up, Speeding, Driving Without Insurance motor offences.
link
Will & Probate
Find a solicitor that can assist with wills, probate and estate planning in your area.
link