Flying Freeholds

Maunderbeak

I own a mid terraced cottage (in the UK) the front and back gardens of which do not line up. i.e. there is a kink in both party walls. At some stage in the distant past, probably when the entire terrace was in one ownership, a two storey extension was added to what is now my property. Part of this backs onto my neighbour's house and the ridge of the pitched roof, which is at right angles to the main building, runs back to join the main roof. The effect of this is that part of the extension roof is over the neighbouring property, although there is no access to it internally. Does this constitute a "flying freehold"? I do not wish to claim it as such and would be happy for the roof over my neighbour's house to be in his ownership, and so his responsibility.

Doozergirl

I don't know about anyone else, but I need a diagram

PasturesNew

If the neighbour could knock down his property .... and yours would fall down as there's nothing supporting it any more ... that's most likely a flying freehold.

It's where somebody else has a responsibility to maintain a part of a structure, over which you have no control, that has the potential to make yours cave in if they fail to maintain it.

Doozergirl

PasturesNew wrote: »

If the neighbour could knock down his property .... and yours would fall down as there's nothing supporting it any more ... that's most likely a flying freehold.

It's where somebody else has a responsibility to maintain a part of a structure, over which you have no control, that has the potential to make yours cave in if they fail to maintain it.

It is that, but it can also be where part of your building protrudes simply over someone elses land - there doesn't have to be building beneath.

Richard_Webster

Is the two storey extension clearly within OP's property and it is just the roof eaves overhang that is the potential problem?

If so this is very common and wouldn't be considered to be a flying freehold.

Flying freehold is when you part of a room at say first floor level over a room in other house or a passageway wholly belonging to the next door house at ground floor level.

Just seen this reply:

If the neighbour could knock down his property .... and yours would fall down as there's nothing supporting it any more ... that's most likely a flying freehold.

It's where somebody else has a responsibility to maintain a part of a structure, over which you have no control, that has the potential to make yours cave in if they fail to maintain it.

That puts it well.

Maunderbeak

I apologise for taking so long to reply. I have had great trouble logging in.

My problem is unusual in that it does not relate to a room over another property, nor even something jutting over land in another ownership. It relates to that part of the roof covering of an extension where it joins the sloping roof of an adjoining house. Who is responsible for maintaining the small section of roof which lies over the next door house?

I would like to attach a sketch plan, but can find no way to do this.