flying freehold definition query

flossbanks

Hi all. We are on the verge of exchanging when the buyers solicitor has queried whether we have a flying freehold. Googled this today and got the definition that it is 'a part of one owners property that overhangs somebody else's property'. We live in a mid terrace tunnel link. The tunnel has a secure door to the front of the properties and shared pathway. It ends halfway into both properties, where we have individual secure doors that go into our respective kitchens. We share the tunnel space, split maintenance costs and use our respective halves for storage. Above the space are our bathrooms, exactly half and half (vertically). On the title plans there is a red line dividing the tunnel space into exact vertical halves. So although we share the passageway (very amicably, and have done so for the last 19 years) we have always considered we each own half and no part of each property overhangs the others 'space'. Does this constitute a flying freehold?
With thanks

riverstyx

I would say there is no flying freehold involved as it would appear from your description of the boundary drawings that you each own the land beneath your respective bathrooms - ie no part of your property overhangs land owned by your neighbour.

Surely though this is something your solicitor should be able to answer?

G_M

If the Title Plan shows that ownership of the upper floors is exactly above ownership at ground level, then there is no 'flying freehold.

However, as a buyer I would be investigating:

* rights of way down the pathway. Is this shared, or must you (in law if not in practice) each creep down 'your' half of the passage!?

* repairing obligations to the pathway

* Ownership (and maintenance!!)of the 'secure front door' which I guess is half on your land and half on your neighbour's?

* Any rights/repairing obligations to the roof, since I imagine there is a single shared roof covering this are?

Whilst most neighbours resolve issues like these 'amicably' (as you have), the legal arrangement can become critical if the neighbour-from-hell moves in and refuses to contribute to repairs or decides to unilaterally change/remove the front door claiming it is 'his'......

flossbanks

Thanks to you both for your replies. It was my solicitor who asked me (!) if it was. Was going to contest it tomorrow but wondered if I was right or not. The solicitor voiced concern that if it was a flying freehold, this would have to be reported to the FTBs lenders and it might hold up exchange-already delayed by 3 weeks- and /or scupper their mortgage. I thought that surely their mortgage valuation and house survey would have picked this up earlier, have no idea why this has come up now. I take your point about potential nasty neighbours. There is mention of easement on the title plan but does not go into detail- again something that should have come up on local search by solicitor?

G_M

flossbanks wrote: »

Thanks to you both for your replies. It was my solicitor who asked me (!) if it was.
he has not visited the property (unless he is a one-in-a-million solicitor!) so cannot easily tell if there is a FF. Often the Title & Plans don't make it clear, only an examination of the property makes clear a bit of the bedroom is above next-door's living room (or whatever).

Was going to contest it tomorrow but wondered if I was right or not. The solicitor voiced concern that if it was a flying freehold, this would have to be reported to the FTBs lenders
Yes, if he is also acting for the lenders he has a duty to report to them Some Lenders refuse point blank to lend on !!!!!!. Some insist on special conditions.

and it might hold up exchange-already delayed by 3 weeks- and /or scupper their mortgage.

I thought that surely their mortgage valuation
Yes, the lender's surveyor should have noted a FF, but some Valuations are done pretty fast/superficially....
and house survey would have picked this up earlier, have no idea why this has come up now. I take your point about potential nasty neighbours. There is mention of easement on the title plan but does not go into detail- again something that should have come up on local search by solicitor?

The local search will not cover easements. This would be amongst the Title documents. If, as you say, there is no detail, I, as a buyer, would be concerned (for the reasons explained previously).

riverstyx

flossbanks wrote: »

It was my solicitor who asked me (!) if it was.

Why am I not surprised!!

So often in conveyancing these issues seem to pop up at the last moment. I suspect because it's at this stage that the solicitor actually takes a proper look at all the documents as often most of the work beforehand will have been carried out by their poorly paid and overworked secretary.

Easements are pretty common and unlikely to cause any issues with the purchasers mortgage and we seem to have a consensus that there is no flying freehold so hopefully all will be okay.

Wishing you the best of luck for a swift conclusion...
Martin.