Understanding the Concept of Flying Freehold
What is a Flying Freehold?
A flying freehold is a legal term used to describe a situation where a part of one property is built over or under another property, with no legal ownership connection between the two properties.
Examples
A balcony extending over a neighbouring property
Imagine a situation where a balcony of one property extends over the boundary and into the airspace of a neighbouring property. This creates a flying freehold scenario where part of one property is built above another property.
A room extending over a neighbouring property
Another example is when a room in one property is constructed in such a way that it extends over the boundary and into the airspace of a neighbouring property.
A basement or cellar extending under a neighbouring property
In this scenario, the basement or cellar of one property extends below the ground and into the space of a neighbouring property. This creates a flying freehold where part of one property is built below another property.
Staircases or corridors extending over a neighbouring property
Sometimes, the layout of a building might result in a staircase, or a corridor being constructed in a way that it extends over the boundary and into the airspace of a neighbouring property.
Overhanging eaves or roof extensions
If the eaves or roof extensions of a property extend beyond the boundary and into the airspace of a neighbouring property, it can create a flying freehold situation.
A portion of a building extending over a public road or pathway
In some cases, part of a building, such as a balcony or a room, might extend over a public road or pathway.
A structure built on stilts or pillars
If a structure is built on stilts or pillars and extends over the boundary and into the airspace of a neighbouring property, it can be considered a flying freehold.
Overhanging balconies or terraces
Similar to the examples mentioned above, balconies or terraces that extend over the boundary and into the airspace of a neighbouring property can create a flying freehold situation.
How Does a Flying Freehold Affect Property Ownership?
In most cases, a flying freehold does not have a significant impact on property ownership. However, it is important to understand that the owner of the flying freehold property does not have complete control over the area that extends over or under the neighbouring property.
One of the main issues that can arise is the responsibility for maintenance and repairs. In most cases, the owner of the flying freehold property is responsible for maintaining and repairing the area that extends over or under the neighbouring property. This can become a problem if the neighbouring property owner does not agree to allow access for repairs or if they refuse to contribute to the cost of repairs.
Another potential issue is the impact on property value. Some buyers may be hesitant to purchase a property with a flying freehold, as it can lead to potential disputes and complications. This can make it more difficult to sell the property in the future.
How to Avoid Issues
If you are considering purchasing a this type of property, it is important to do your due diligence and understand the potential issues that may arise. It is recommended to consult with a conveyancing solicitor who can review the property and advise you on any potential issues.
One of the main concerns with flying freehold properties is the potential for disputes or disagreements between the owners of the different properties. It is important to have a clear and detailed agreement with the neighbouring property owner regarding maintenance and repair responsibilities. This can help prevent future conflicts and ensure that both parties are aware of their rights and obligations.
Should I avoid buying a property with a flying freehold?
It is important to carefully weigh the potential advantages and disadvantages. While there can be potential issues and disputes with these types of properties, it is not necessarily a reason to avoid buying altogether.
It is recommended to consult with a conveyancing solicitor who can review the property and provide guidance on any potential issues. They will be able to assess the specific circumstances of the property and advise you on the best course of action.
Additionally, having a clear and detailed agreement with the neighbouring property owner regarding maintenance and repair responsibilities can help prevent future conflicts and ensure that both parties are aware of their rights and obligations.
Ultimately, the decision to buy a property with a flying freehold should be based on a thorough understanding of the potential risks and benefits, as well as your individual circumstances and preferences.
Does flying freehold make selling more difficult?
This type of property can potentially make selling more difficult compared to properties without this type of arrangement. This is because flying freeholds can create certain complications and concerns for potential buyers.
One of the main challenges when selling a property with a flying freehold is that it may limit the pool of potential buyers. Some buyers may be hesitant to purchase a property with a flying freehold due to the potential issues and disputes that can arise. This can result in a smaller market for the property and potentially longer selling times.
In addition, the presence of a flying freehold may require additional disclosures and legal documentation during the sale process. Buyers will want to have a clear understanding of the flying freehold arrangement, including any shared spaces or maintenance responsibilities. This can involve more paperwork and legal considerations, which can add complexity to the selling process.
However, it is important to note that the impact on selling difficulty can vary depending on various factors such as the location, market conditions, and buyer preferences. Some buyers may not be deterred if they understand the implications and are comfortable with the arrangement.
How does the Access to Neighbouring Land Act 2022 impact on flying freehold?
The Access to Neighbouring Land Act 2022 may have an impact on flying freehold properties. This act provides certain rights and regulations regarding access to neighbouring land. It aims to address disputes and issues that may arise between property owners concerning access, maintenance, and use of neighbouring land. Whilst it does give a homeowner the right to access their neighbours land to conduct maintenance and repairs on their own property, it does not provide the right to conduct repairs and maintenance on their neighbour’s property which may be required in relation to a flying freehold so it only offers limited protection.
What is flying freehold indemnity insurance?
Flying freehold indemnity insurance is a type of insurance that provides coverage and protection for potential risks associated with these properties. It is designed to safeguard the property owner against any financial loss or legal expenses that may arise due to disputes or issues related to the flying freehold.
This type of insurance typically covers risks such as defects in the title, legal liabilities, and any potential claims from neighbouring property owners. It can also provide coverage for legal costs and expenses associated with resolving disputes or defending against claims.
Indemnity insurance is often recommended when purchasing a property with a flying freehold, as it can provide peace of mind and financial protection in case any issues arise in the future. It is important to note that the specific coverage and terms of the insurance may vary depending on the insurance provider and policy.
Mortgage Lenders
Mortgages are generally available but it may depend on the lender and their criteria as some lenders may have specific requirements or restrictions when it comes to financing properties with flying freeholds. It is advisable to consult with a mortgage advisor or financial institution to get accurate information on the availability of mortgages. They will be able to provide you with the most up-to-date information and guide you through the mortgage application process.
Conveyancing
When it comes to conveyancing, the process of transferring property ownership, dealing with a flying freehold can be complex. It requires careful consideration and legal expertise to ensure that both parties involved are aware of their rights and responsibilities and these are documented in a legal agreement.
Additionally, when buying or selling a property with a flying freehold, it is crucial to conduct a thorough survey and inspection to identify any potential issues or concerns. This can help you understand the condition of the property and any possible risks.
How we can help
If you are buying or selling a property with a flying freehold, you need to instruct a conveyancing solicitor who is experienced in this niche area of expertise and Bretherton Law can help. Based in the centre of St Albans City but providing flying freehold conveyancing services across the UK, our team can help you with your property transaction with a level of client care not offered by many conveyancing firms. Over the last 50 years we have built an enviable reputation – but don’t just take our word for it, take a look at what our clients say about us in our testimonials.
For a fixed fee flying freehold conveyancing quote, please get in touch via the contact form or call us on 01727 869 293. (If you telephone us your call will be answered by a real person no recorded voice saying press this and that number).
