Flying Freehold Query

BobScot

Hi,

I've just come across some threads on here regarding flying freeholds (whilst looking for something else but that's another story!). I'd never heard of these but am now worried as I think my house has one of these.

It's a victorian semi-detached. There is a passage way which runs between mine and my neighbours house and both properties over hang this (his at the front and mine at the back). I've checked the deeds and it shows that the entire passageway under the house is part of my neighbours property. Outside of the passageway though the boundary goes straight down the middle.


I've always just assumed the passageway was shared and I'm pretty sure it has been used this way for over 100 years.


So I'd be very grateful for any answers to these questions:


Is this going to be a problem when I try and sell (which I was just starting to think about)?


If there are problems what is the best solution? I've read about indemnity policies but don't really understand how these work. If my neigbour agrees would it be feasible to have the boundary redrawn to match the overhanging properties? Would this remove the flying freehold issue?


Should my surveyor/conveyencer have pointed this out to me when I bought? If so do I have any come back on them if I have problems when I try and sell?


Thankyou for any help you can give.

MegaMiniMouse

I think flying freeholds are more to do with rooms above rooms, rather than rooms above passageways

Don't worry - I was a chimney sweep for more than 30 years, and the biggest problem in the situation which you describe is the big pile of soot which fills the alleyway every time you get your chimney cleaned

MMM

Jenniefour

I think it probably is a flying freehold - part of your property is over property (albeit a passageway) that belongs to a neighbour. I wouldn't worry about it - it's not that unusual and isn't normally a problem in and of itself. What's important is that the deeds are clear about who owns what.

And you may have right of access for the passageway anyway, even though it belongs to your neighbour. Again, not that unusual.

Mallotum_X

I have a similar situation, although I 'own' the ground, and my neighbour has a flying freehold over half the passage. Wasnt a problem getting a mortgage and as there are thousands of properties built like this I wouldnt expect you to ever have any problems.

In my deeds I think it says I am responsibly for maintenance of the passage however I can charge half of such costs to my neighbour. I know his record at Land registry confirms whats on my deeds as I checked

My neighbour has a right of access, although I think there is a restriction preventing a commercial use.

I wouldnt worry.

MegaMiniMouse

The bonus is that although your neighbour owns the alleyway, and therefore has to maintain it, you have unrestricted access!

MMM

ps - sorry, I missed the previous post about shared costs. That seems reasonable...

BobScot

Thanks everyone for the quick replies :-) I am at least a bit reassured now!

Henry_P_Chester

By the sounds of it in your situation it's not a problem. In some cases ie your room is above the room of a neighbouring property it can cause of sorts of nightmarish problems. At best it will be Increased conveyancing costs and at worst the mortgage lender will not lend. Some lender flatly refuse to lend on FF properties others insist on indemnity insurance (which will cost a few hundreds pounds IIRC) and some will only lend if the FF portion of the property is under a certain percentage.

Also after you move in you can have all sorts of neighbourly issues with access, maintenance of drain pipes, maintenance of buildings, who does the work, who pays what etc. Most of this should be covered by a contract but it doesn't mean the neighbours will stick to it. Also of part if your property is above there's and they allow their property to fall into a state of disrepair (thereby effecting your property above) there is not a lot you can do legally to rectify the situation.

Personally I'd stay away from properties with any significant FF.

Richard_Webster

if your room is over the passageway which is wholly owned by the neighbour then there is a flaying freehold and you will need to provide an indemnity policy. In most cases this is fine. However, for some reason best known to themselves Santander have changed their views in their Part 2 of the CML handbook and won't accept indemnity policies.

Ideally the back part of the passageway should belong to OP and the front part to the neighbour with each having a right to use the other's part. Then there's no flying freehold - it's just sloppy drafting and someone not bothering to look at the set up that has caused the problem.

Getting it all sorted properly could be done but could be quite a hassle and the neighbour may not want to be bothered - think of £500-£1,000 in legal costs and fees for admin to mortgage lenders to agree to the variation etc.