What is a flying freehold and do I have one?
A flying freehold is when a section of a freehold property extends above or below a neighbouring or adjoining property. For example, where a room or balcony is situated over a shared passageway or protrudes over an adjoining property or section of land. It is not always obvious whether a property is subject to a flying freehold and it is therefore paramount that any potential purchaser carefully inspects the property and looks out for any section that appears unusual or extends outside the boundaries.
Where a flying freehold exists, the owner of the property will need specific rights to benefit the property. For example, rights of support from the property below and the right of shelter from the property above. The owner will also require rights of access to enter onto the neighbouring property in order to maintain and repair their property.
Unfortunately, there may be cases where a property is subject to (or does itself form part of) a flying freehold and the legal title may not assist with the rights and covenants required. In such circumstances these matters would need to be rectified prior to any purchase, especially if you are purchasing with the benefit of a mortgage.
When purchasing a property with the assistance of a mortgage, your solicitor must report to your lender if any part of the property is subject to a flying freehold. Lenders have different views on lending on properties with flying freeholds.
If any of the above sounds familiar and you think you may be looking to purchase a property which may be the subject of a flying freehold then do get in touch and our experienced conveyancing team will be able to assist.