Flying Freehold over Communal Passageway?

heraldic

Hello there

Am thinking of putting in an offer on a property that is mid-terraced, but has a shared accessway between two properties.

The freehold for this property is such that the freehold for the front part of the passageway belongs to me [number 8] and the rear part of the passageway belongs to number 6. (There are bedrooms above the passageway.)

Is this likely to cause me grief in getting a mortgage on a buy-to-let? Is this a 'flying freehold'? Anything else I should take into consideration?

Thanks!

[Land Registry Document below]

The Freehold land shown edged with red on the plan of
the above Title filed at the Registry and being 8 [name of] Road.
NOTE 1:-As to the part numbered 1 on the filed plan only the room or that
part of a room on the first floor of 8 [name of] Road is included in the
registration.
NOTE 2:-As to the part numbered 2 on the filed plan the room or that part
of a room on the first floor of 6 [name of] Road is excluded from the
registration.
2 By the Conveyance dated [date] referred to in the Charges
Register the land in this title was conveyed together with and subject to
the following rights:-
"There are included in the Conveyance hereby made (but subject as in this
clause mentioned)
(1) Full right and liberty for all purposes in connection with the use
and enjoyment of the property hereby conveyed to pass and repass over the
North West half of the said passage way which half is coloured yellow on
the said plan. Subject nevertheless to a right in favour of the owner or
owners for the time being of the adjoining property Numbered Four on the
said plan to pass and repass in like manner over the South East half of
the said passage way hereby conveyed and coloured blue on the said plan
(2) The right for part of the bathroom or bedroom belonging to the
premises hereby conveyed and Numbered Five on the said plan to extend
over the said passage way with a right of support therefor by the walls
forming the boundary of the premises Numbered Four on the said plan.
Subject nevertheless to a right in favour of the owner or owners for the
time being of the adjoining premises Numbered Four on the said plan for
part of the bathroom or bedroom belonging thereto to extend over the said
passage way with a right of support therefor by the walls forming the
boundary of the premises hereby conveyed and Numbered Five on the said
plan
(3) It is hereby declared that all walls roofs drains sewers pipes and
ways used in common with the adjoining premises shall continue to be so
used and shall be repaired and maintained at the joint and equal expense
of the respective owners of the properties affected thereby."
NOTE:-The parts coloured yellow and blue on the plan to above Conveyance
are numbered 1 and 2 respectively on the filed plan.

Tiger_greeneyes

I doubt you'll have a problem, heraldic. Mortgages are freely granted on flying freeholds. I've not seen a Land Registry document for a flying freehold before but it doesn't seem that there's anything particularly unusual about it.

I certainly wouldn't be worried about it

ds1980

we have one on ours at it was never a problem.

Looked into it at the time and some lenders do say they won't lend but invariably they will.

Sumostar

Hi

Citibank refused me a mortgage on a flying freehold, but that was 18 years ago. I can't see it being a problem now though.

Mez82

Hi there

My boyfriend is currently trying to sell his freehold property. The sale has fallen through 3 times. The reason for this is that the buyers' mortgage lenders do not want to lend due to the fact that my boyfriend's property is attached to a flying freehold. I believe that that communal archway that is attached to the side of his property is a flying freehold. As I understand it, this is owned by the neighbour whose property is on the otherside of the archway. Running underneath the archway is a communal passageway that leads to a shared carpark for visitors and residents alike.

I have been told that indemnity insurance can be taken out to placate lenders. Can anyone advise if this is the case?

Cheers