What are the implications of a flying freehold?
This chain often breaks down over time and, in the case of a flying freehold property, can leave the property with no rights of support, access or repair. Without adequate rights, a conveyancer will find it difficult to certify that the property has good and marketable title.
Who owns a flying freehold?
This is where a property is owned for a set period of time, and rent is paid to a landlord (often the freehold owner). There is also a concept known as a ‘flying freehold’. This is when a section of a freehold property extends above or below a neighbouring or adjoining property.
Should I avoid flying freehold?
Flying Freeholds are not as concerning in the real world The main reason for this is that, for problems to arise, the adjoining property must be in a serious state of disrepair that affects your property – and most owners of freeholds won’t let this happen, due to the large investment in their property.
What does a flying freehold indemnity policy cover?
Flying freehold indemnity insurance is widely available for a few hundred pounds and will provide cover for the inability to force your neighbour to repair for the support and protection of your property. This includes where the adjoining premises are uninsured or inadequately insured.
What is a 100% flying freehold?
The term ‘flying freehold’ is used to describe freehold property which is structurally above another person’s property and therefore not with ground level.
Can a leasehold property be a flying freehold?
The crucial word in all of this is ‘freehold’ as flying freeholds do not apply to leasehold properties. Also if there is a situation where the major part of one dwelling lies above another one then they will probably be better described as freehold flats on which different issues arise.
Do I have a flying freehold?
Flying freehold is an English legal term to describe a freehold which overhangs or underlies another freehold. Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony which extends over a neighbouring property. This concept was settled law by the 16th century.
What are the rights of a flying freehold?
Where a flying freehold exists, the owner 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 for maintenance and repair as required.
What’s the difference between a creeping freehold and Flying Freehold?
So, if the cellar of a house or flat reaches underneath a neighbouring property, that’s a creeping freehold. In other words, those who live above the cellar are the owners of a flying freehold property, while those who own the property where the cellar originates have a creeping freehold.
Can a positive covenant be enforced on a flying freehold?
Even where the flying freehold is created by a conveyance or transfer there can be difficulties in regulating responsibility for maintenance and support. Positive covenants are not enforceable against subsequent owners; see Rhone v Stephens, [1994] 2 AC 310, a case concerning the roof of a house divided into flying freeholds.
Do you have to report flying freehold to lender?
Where you are purchasing the property with the aid of mortgage, your solicitor must report to your lender if any part of the property is subject to a flying freehold. Lenders have differing views on lending on properties with flying freeholds.