Freehold house over garage block

Sharkson73

Hello,

I'm currently looking into buying my council house which is freehold. The house fully extends over some council garages below and I'm worried whether I should go ahead or not and what the implications could be if I do. Also, would I be able to get a mortgage on such a property?

Many thanks

S

poppysarah

Buildings insurance might be interesting.

kingstreet

Is no part of the property in contact with the ground?

If not, it's a flying freehold and it will cause mortgage problems.

phill99

kingstreet wrote: »

Is no part of the property in contact with the ground?

If not, it's a flying freehold and it will cause mortgage problems.

You are not necessarily correct. Years ago I worked in North Yorkshire and Scarborough, in particular, had many freehold flats without any part of it in contact with the ground and it was never classed as a flying freehold. As a consequence, the Scarborogh Building Society were the largest lender on truely Freehold flats.

princeofpounds

A flying freehold does not require the whole building to be off the ground. It simply requires one part of the the freehold to have another freehold below it.

Is this genuinely a flying freehold? It is possible that you have the freehold to the garages too, unless confirmed. The simple existence of this physical structure does not imply the legal problems, although it can point to the likelihood of them.

Years ago I worked in North Yorkshire and Scarborough, in particular, had many freehold flats without any part of it in contact with the ground and it was never classed as a flying freehold. As a consequence, the Scarborogh Building Society were the largest lender on truely Freehold flats.

Forgive me if I am being naive, but how is that possible? A flying freehold (or a creeping freehold) is simply a freehold where another freehold is either above or below it.

Some lenders will lend on !!!!!!, and some insurers will insure them. But many won't, or will require indemnity insurance. There are enough !!!!!! around in the UK that it's not impossible, but you will be looking at a smaller and less competitive pool (also of buyers should you choose to sell on).

princeofpounds

Ah ok a little research shows that a freehold flat is where the majority of the property overhangs another freehold.

And yes around scarborough these are pretty common, and a few locally-originating building societies will, due to their local and mutual roots, lend on such properties. But outside of that area you are pretty stuffed in most cases.

Also that some lenders will lend on flying freeholds if they are only a smaller % of the property.

Richard_Webster

You really have to find out how the Council proposes to sell the property. It could be that it will take a 999 year lease back of the garages and you will be the freholder of the whole lot - that wouldn't be a flying freehold.