What Is Flying Freehold?

I’ve already wrote a bit about flying freehold properties in a previous article Freehold And Leasehold, however I thought I would touch up on it, as I don’t think I was clear enough with my explanation. Plus, I know a little more about the issue now than I did before.

Firstly, a flying freehold property isn’t about a property that is literally “flying” The flying part need not be in mid-air, it can be over a part of someone else’s freehold, or over a common part. Basically, a flying freehold property is part of a property that covers part of an area which is part of another freehold property. Ok, admittedly, this is rather pathetic. but this is literally a 30sec diagram I whipped up in MS paint:

Flying Freehold

Yes, yes, laugh it up. Anyways, let me explain what’s happening in the diagram. The redline represents the dividing line between the freeholds for each property. But as you can see, property B’s balcony overhangs on Property A’s land, and that’s what is known as a flying freehold. This is just one example of how a flying freehold situation occurs, there are many other ways a property can become part of a flying freehold.

Flying freehold is not a major problem. If you’re planning on purchasing/selling a property with a flying freehold, Conveyancing Solicitor’s may have to do a bit more work which may increase your legal fees a tad, apart from that everything should be fine. If you’re buying a property with a flying freehold, your Solicitor/Conveyancer should get the Vendors’ solicitor/conveyancer to obtain an Indemnity Insurance Quote- this will cover you when you buy, and when you sell on.

Indemnity insurance is a policy to protect a purchaser from the possibility of third party claims arising from shortcomings in the conveyance. These can often relate to ownership, lost documents, access, poorly worded legal documents or perhaps a restrictive covenant that imposes specific restrictions. So it’s definitely worth enforcing when a flying freehold property is involved.

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4 Comments- Join The Conversation...

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ian 30th April, 2009 @ 10:21

please note most mortgage lenders will only lend if flying element is lees than 10 or 20% (depemding on lender)mt

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John 8th June, 2009 @ 19:10

Your diagram shows a property that has a balcony which overhangs on to the neighbouring land.
What if it was terraced or even semi detached properties, where there was a basement underneath all of the properties, which was being occpied by owner of only one of the buildings, as he maintained that he had a floating freehold, as opposed to a flying freehold.
History of this scenario is that origionally all the properties were one and occupied by one owner, which were later split up and sold of as seperate units.

2
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Shirley Marshall 5th June, 2011 @ 14:43

what if my foundations and eaves are claimed to be over adjoining land and there are no easements. Could it be claimed a flying freehold or a tresspass

3
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Edd 10th May, 2012 @ 20:21

I am thinking of purchasing a Victorian terrace which has a room going over an alley which attaches to the property next door (ginnel). The only thing with this is the alley under the overhanging rooms is mine, there is no joint access. It appear that the Victorian house I am interesting was extended many years ago over the alley way and was attached to the house next door, which is a slightly different style.

So my question is would this be classed as a flying freehold? If not what insurance should I look at - how do I move forward with the sale?

Thanks

4

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