Flying Freehold?

[vhm672]

So a flying freehold is essentially what it sounds like, you own the freehold to an area that is above ground level but not the freehold sitting between ground level and your interest.

As the OP says this is not uncommon with shared passageways mainly due to poor original conveyancing, i.e. the passageway is split down the middle as to ownership but this split doesn't mirror the split of the house above.

Whilst this is a flying freehold it isn't as bad as flying freeholds where the land below is part of the same building and therefore needed to be kept in repair for reasons of support.

OP your solicitor should be totally aware of all the complications and yes it may cause some issues with the bank (assuming you are getting a mortgage) but these should be resolvable - it may just delay matters as the bank will have to sign off. As long as what you are buying includes all the structure to the overhang and you have rights of access to the whole of the land underneath for repairs etc then it is resolvable.

[bernard301]

I had one in my house with my ex, the second bedroom extended out over a shared access way and interlocked with their bedrooms so sat just within their building line. I don't remember too many problems with it

[disneywiseowl]

Insurance companies aren’t keen on flying freeholds because of maintenance issues. Do a dummy online quote just to check the premium, terms etc.

[marypoppins38]

I sold my dads house a few years ago that had one of these. I didn’t even know it could potentially have been an issue for the buyers until reading this as it all progressed pretty smoothly. Hope this is a bit more reassuring for you OP,

[WhereIBelong]

MIL has one on her cottage, it is a semi - one of 2 made originally from a made from a much bigger house. The turn in her stairs is over the hallway in the other house.

It also means that the other house's hall window looks into and opens into her backyard - which to be honest is more of a problem for selling...

[Lisa123wm]

Thanks for all the replies. I’m not overly worried due to it being over the alley/entry/ginnel etc rather than a neighbour’s actual house.
We’ll see what the solicitor reports back next week. Fingers crossed all is ok and we move soon.

[Jakey Neverland]

My house is flying freehold, my insurance has never been dearer. In fact there has never been an option on any insurance i have had to say it is flying freehold .

One of our bedrooms is over next doors stairs. The loft above is split directly in half so a mirror image of their downstairs foot print as such.

It has been no different that having a standard freehold. We have both had extensive building work done on our houses, as the room is in the middle of the house it has never come into question.

[Lisa123wm]

Originally Posted by Jakey Neverland

My house is flying freehold, my insurance has never been dearer. In fact there has never been an option on any insurance i have had to say it is flying freehold .

One of our bedrooms is over next doors stairs. The loft above is split directly in half so a mirror image of their downstairs foot print as such.

It has been no different that having a standard freehold. We have both had extensive building work done on our houses, as the room is in the middle of the house it has never come into question.

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So your bedroom is over their stairs and part of their loft is over your bedroom?

Seems it’s something that is very common, and not something even thought about in a lot of cases.

The house we’re buying is on an estate where lots of the houses are similar. It’s a very popular area and houses sell quickly.