What are they?

A flying freehold occurs where part of a property either overhangs or lies beneath another person’s property. Examples of flying freeholds include:

  • An upper room of a property which extends over a shared accessway between two properties.
  • A balcony which overhangs someone else’s land.
  • Basements which protrude underneath a neighbour’s property.


Whilst a flying freehold is unlikely to cause an issue to a person in everyday life, having a flying freehold may present an issue for a person when they come to sell the property.

What are the issues?

The most common issues that arise are:

  • Inadequate rights to overhang or lie beneath the other person’s property;

  • Difficulty in deciding who is responsible for carrying out repairs / maintenance;

  • Inadequate rights of access to enter onto the neighbouring property to carry our repairs / maintenance; and

  • Inadequate rights of ‘support’ or ‘shelter’.

Example:

There is a ground floor passageway running between properties A and B. The upstairs of Property B extends over the passageway and into property A’s title. This is a flying freehold.

There is an issue with the passageway which compromises the safety of the part of property B that overhangs the passageway. Unless there are adequate rights granted in favour of property B, the owner of property B will be unable to deal with the repairs unless the owner of property A consents.

This is a concern for the owner of property B as if consent is not forthcoming, there is a safety concern and risk of further damage being caused.

What steps can be taken to address the problems caused by flying freeholds?

The easiest step which satisfies the majority of lenders is to obtain indemnity insurance.

Another option is to enter into a deed of mutual easement with the neighbouring property. This deed would grant the necessary rights of access and shelter / support so that there is no longer an issue for the owner of the flying freehold. This would require the cooperation and consent of the neighbouring property as well as any lenders.

If you have any queries relating to flying freeholds, please contact our office and ask to speak to a member of the residential conveyancing team on 0121 7057571 or email enquiries@wallacerobinson.co.uk.

Parris Ball
Trainee Solicitor – Residential Conveyancing Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.