Flying freeholds: implications for buyers and sellers

A flying freehold occurs when part of one freehold property extends over or under boundaries that belong to a different owner. The term "flying" refers to this unique arrangement, which can be found in various scenarios:

• Maisonettes and overlapping rooms: In maisonettes or houses, part of the property extends over or under another freehold property
• Balconies and overhangs: Balconies can overhang neighbouring properties, creating a flying freehold
• Shared passageways: Rooms above shared passageways that belong to a different freehold property
• Cellars beneath neighbours: If a cellar or basement extends beneath someone else's property

Flying freeholds: Challenges and legal considerations

While many homeowners may live with flying freeholds without issues, there are legal considerations to keep in mind, especially during property transactions:

• Covenant enforcement: A significant concern is the lack of positive covenant enforcement that one freeholder may have over another. This can lead to disputes during renovation works, access issues, and disagreements about maintenance or repair costs.
   
• Easements: There may be a lack of easements, such as a right of way for the person with the flying freehold to do so over the neighbouring property. 
   
• Mortgages and borrowing: Obtaining a mortgage for a property with a flying freehold can be challenging. Different lenders have varying rules and requirements regarding such properties. It's essential to be transparent with your lender to avoid surprises during the mortgage application process.

Mitigating risks with flying freeholds

When buying or selling a property with a flying freehold, there are steps you can take to mitigate risks:

• Specialist indemnity insurance: Consider purchasing flying freehold indemnity insurance. This insurance covers potential disputes with your neighbours and can be invaluable in difficulties related to your flying freehold.
• Legal advice: Consult with a solicitor who can provide expert guidance and address any concerns related to flying freeholds. Their expertise can help ensure a smooth property transaction.
• Deed of mutual covenant: If necessary, a deed of mutual covenants can be written to formalise the rights and responsibilities of both parties impacted by the flying freehold. It lays out clear instructions for repair and maintenance, and a solicitor can assist in creating this document, providing transparency and reassurance to mortgage lenders and future buyers.

Contact our property solicitors

Flying freeholds add a unique dimension to property ownership. While they can create complexities, most issues can be addressed with proper legal guidance and insurance. 

If you have questions or need legal assistance regarding flying freeholds, our team is here to provide expert advice and support. 

We have solicitors and conveyancers based in London, Brighton, East Sussex and Cumbria, and we assist property buyers and sellers nationwide.