? Flying Freehold

Rheumatoid

not sure of the right forum for this but as it is only likely to impact when me or my neighbour sells thought it might fit here.

I get on well with my neighbour and neither of us are likely to move in a hurry but he has just had an extension and neither of us realised that his roof would overhang my land - seems like his architect was probably at fault but its done now. Its only about a foot including the guttering but along the entire length of his property. It also encroaches a bit further than a foot over my garage when it gets to the corner of his house.

I am keen to get this sorted as amicably as possible but need to be sure it won't create problems when either of us sell. I understand we may need to arrange something called a flying freehold but may have got the wrong end of the stick and any pointers you could give me to get it resolved would be much appreciated.

Thanks

R.

guppy

If you are worried about issues regarding value, contact a surveyor. For the legal position see a solicitor.

When you own the freehold you own the soil below your land and the airspace above (within reason). Assuming he doesn't have your permission, your neighbour is trespassing by encroaching on your airspace.

A flying freehold usually refers to a situation where one freehold property is substantially dependent on another for support, i.e. where the first floor is built over the ground floor of next door in a cottage. That is arguably a lot more of a worry than your situation.

In your case, you could grant your neighbour an easement (a right over your property). If you simply do nothing, over time, he might well acquire the right by prescription (similar to adverse possession).

I would see a solicitor and get things made official if necessary. Your neighbour has been a bit of an idiot and arguably taken a liberty. Therefore I would ask him to pay your costs.

Good luck

Rheumatoid

Thanks a lot. i'm sure he will be happy to pay. he is a little embarrassed and his wife is kicking his ar** which is punishment enough!

R.

Richard_Webster

guppy wrote: »

If you are worried about issues regarding value, contact a surveyor. For the legal position see a solicitor.

When you own the freehold you own the soil below your land and the airspace above (within reason). Assuming he doesn't have your permission, your neighbour is trespassing by encroaching on your airspace.

A flying freehold usually refers to a situation where one freehold property is substantially dependent on another for support, i.e. where the first floor is built over the ground floor of next door in a cottage. That is arguably a lot more of a worry than your situation.

In your case, you could grant your neighbour an easement (a right over your property). If you simply do nothing, over time, he might well acquire the right by prescription (similar to adverse possession).

I would see a solicitor and get things made official if necessary. Your neighbour has been a bit of an idiot and arguably taken a liberty. Therefore I would ask him to pay your costs.

Good luck

I agree with this post.