Quick Question over a Flying Freehold.

seven-day-weekend

I think I understand this concept, but just want to clarify something.

I live in a mid-terrace house and the access into our house is at the side of the house in a passage, which goes right along to our back garden.. We have sole right to use the passage, it is not communal and is wholly within our boundary. Part of my neighbour's bedrooms extend over the passage.

Do we both have a flying freehold, or just them, and is it likely to be a problem if we sell?

Thanks.

guesswho2000

If the passageway is on your deeds as such, then you have a creeping freehold and they have a flying freehold.

I'm no expert on this, but this is a brief note on the subject http://www.conveyancing-warehouse.com/guides/flying-freehold.html

Sure someone more knowledgable will be along soon!

seven-day-weekend

guesswho2000 wrote: »

If the passageway is on your deeds as such, then you have a creeping freehold and they have a flying freehold.

I'm no expert on this, but this is a brief note on the subject http://www.conveyancing-warehouse.com/guides/flying-freehold.html

Sure someone more knowledgable will be along soon!

Our deeds are not very informative as they date back to 1850, but the passageway is shown on the plan of 1895, when the adjoining house was joined on.

Thanks, that is most helpful

(I have edited my post to make it clear that only part of the bedrooms comes over our passage, not the whole of the bedroom. It is a srtip of about 3 foot by 24ft - i.e from the front to back of both the houses).

Richard_Webster

If it is clear that you own the passageway then the neighbour has a flying freehold over your passageway and it is much more of a worry for them than you. Your passageway doesn't need any support but their bedroom does!

seven-day-weekend

Richard_Webster wrote: »

If it is clear that you own the passageway then the neighbour has a flying freehold over your passageway and it is much more of a worry for them than you. Your passageway doesn't need any support but their bedroom does!

Thanks, that's what I thoought. Our house is already going to put some poeple off when we sell by only having a dowstairs bathroom; I didn't want the flying freehold to be a problem as well!

Strapped

Richard_Webster wrote: »

If it is clear that you own the passageway then the neighbour has a flying freehold over your passageway and it is much more of a worry for them than you. Your passageway doesn't need any support but their bedroom does!

^This.

Part of our property lies underneath next door (a very small part) and we had to buy an indemnity insurance when we purchased the property against, say, the neighbour failing to maintain their roof etc as our property would be affected. Policy was about £250 I think (extortionate!) As your underlying property is a passageway then it seems at first glance to be less important but I'd imagine that it would still be insisted upon by a purchaser's solicitor (in their capacity acting for a lender) because if the worst were to happen and upstairs became structurally unsafe, then you would be forced to take action to preserve the use of your passageway.