Flying Freehold question

smc103

Hi, I hope someone can give me some advice. I've had an offer accepted on a terraced house. Every 3 or so houses there is an alley like in many terraces. Our third bedroom is above the alley way, which is on the neighbours side of the drive. We've looked at the other houses without an alley and it looks like we actually benefit from a bigger bedroom because its above the alley.

Should this be a problem?

Heres a pic to show you a bit more clearly.

http://www.thinkproperty.com/property/14983196

Doozergirl

Your solicitor will probably ask that the vendors purchase an indemnity policy to cover the flying freehold but it's not that much of an issue - it's only a small part of the house over an alley, not even a habitable part of their house.

Premier_2

Discuss this with your solicitor at the outset by all means.

However, the first thing that needs to be established is the actual land boundaries. Just because there's a wall there, it may not be the boundary of your land

This should be clearly shown on the land registry plan, but if you warn your solicitor beforehand, he should pay special attention to this.

theGrinch

provided your lender is ok, it shouldnt be a problem.

smc103

well this problem is still ongoing. it turns out that the part which is a flying freehold is owned by the neighbours and on their deeds. we have right to use it and paint it etc but as they dont own it they cant take out an indemnity cover. they have offered to drop the price by 5 grand so we will go ahead.

does anyone know how we would go about getting the deeds changed and what kind of cost would be involved? i dont want to accept the 5 grand discount and then have it cost 10 grand!

Wayne-Roberts_3

This is an article on our web site on the flying freehold subject that you may find of some use:-

http://www.online-conveyancing-solicitors.co.uk/property-advice/flying-freehold.html

To answer your question about costs, your legal costs for rectifying the situation should be around £450+VAT. However, you will also need your neighbour's consent and their mortgage lender's if applicable. They will most probably expect you to pay their costs. Your neighbour may also expect to be remunerated for transferring part of their property to you!

Richard_Webster

Wayne, you're new to this.

I would love to post references to helpful things on my website but forum rules don't allow! I'm afraid you have to be more subtle! I've even been told off for referring to a post on another forumwhere the link was featured! You might find a moderator comes and removes the link.

On another note - on the these passageways/"tunnels"/ginnels etc - if the footpath at ground level and the rooms above all belong to one freehold property and the neighbour merely has a right to use the "tunnel", then surely this is OK?