Flying Freehold

Slayerx

I have worked in conveyancing in the past and come across flying freehold and creeping freehold but it's been about 5 years so I'm not 100 sure about the scenario below:

I was wondering if by getting the Land Registry plan I would be able to tell.

I'm not 100% sure if I'm been over cautious.

http://www.rightmove.co.uk/property-for-sale/property-47241209.html

The first picture the window above the alley way would be part of the property and I'm not sure if that would be classed as a flying freehold as I assume the land below it would be owned by both properties?

I understand if it's flying freehold I could get indemnity insurance for this.

Owain_Moneysaver

It might be that the alley is owned by the house which flies over it, and the neighbour has a right of access over it, so not a flying freehold.

Reference to the deeds and enquiry of the seller's solicitor is going to be the only way to resolve the question.

The location of the cooker with no useful worktop to the side of it makes it a bit impractical, if you were thinking of buying it.

Slayerx

Thanks.

Yeah the kitchen isn't the most practical but it's the nicest property i've seen so far and ticks a lot of boxes.

It's my first home with a view to overpay and to overtime alter it and then sell and buy somewhere bigger. (Well that's the plan if I can get it as the right price).

G_M

Slayerx wrote: »

I have worked in conveyancing in the past and come across flying freehold and creeping freehold but it's been about 5 years so I'm not 100 sure about the scenario below:

I was wondering if by getting the Land Registry plan I would be able to tell.

I'm not 100% sure if I'm been over cautious.

http://www.rightmove.co.uk/property-for-sale/property-47241209.html

The first picture the window above the alley way would be part of the property and I'm not sure if that would be classed as a flying freehold as I assume the land below it would be owned by both properties?

I understand if it's flying freehold I could get indemnity insurance for this.

You would need to look at the LR Plans of both properties to check for any overlap.

The land is most unlikely to be jointly owned. Far more likely one property owns it and the other has a Right Of Way.

If it IS a FF, indemnity insurance helps, and can certainly resolve the issue of getting mortgage approval, but in practice you want to be confidant that any repairing issues will be resolved without resorting to either insurance claims or court action - ie what are the neighbours like.....?

edit: looking again at the picture, the presence of the low wall between the front door and the alley impies the alley belongs to next door........

ps - what an ugly porch! Completely out of character.....as is painting the wall round the front door white......

stator

Given the age of the property I would guess it's more likely to be a right of way rather than flying freehold.

Slayerx

So I have just got a copy of the office copies to see if I had anything to be concerned about.

There is a right of way.

In the A register there is this:

(07.01.1998) The land has the benefit of the following rights granted
by but is subject to the following rights reserved by a Conveyance of
the land in this title dated 8 July 1920 made between (1) The Halifax
Permanent Benefit Building Society (Society) (2) James Arthur Angless
(Vendor) and (3) Frank Ambler and Esther Jane Ambler (Purchasers):-
"TOGETHER with general and unrestricted rights of way (but so far only
as the Vendor and the Society can lawfully grant the same) at all times
hereafter and for all purposes for the Purchasers in common with the
said Society and the Vendor and all other persons entitled or to become
entitled to the like privilege) over and along the whole of Woodhall
Road and the said Back Road and the said covered passage and all other
streets and roads communicating therewith over which the Vendor and the
said Society have power to grant rights of way AND ALSO the use (in
common as aforesaid) with the owners and occupier of the dwellinghouse
Number 41 Woodhall Road of the Ashes place situate in the said yard and
common sewers made under Woodhall Road aforesaid and the said Back Road
the said covred passage and the whole of the said yard and the outlet
sewer or sewers in connections therewith RESERVING NEVERTHELESS unto
the said Society and the Vendor and the owner for the time being of the
dwellinghouse Number 41 Wood hall Road aforesaid general and
unrestricted rights of way at all times hereafter and for all purposes
(in common with the Purchasers and all other persons entitled or to
become entitled to the like privilege) over and along the moieties
hereby conveyed of the said Back Road and the said covered passage AND
ALSO the right to use (in common as aforesaid) the common sewers
thereunder and under the said yard AND ALSO liberty and authority to
grant such rights of way and drainage as are hereby reserved to
others."
3 (07.01.1998) The Conveyance dated 8 July 1920 referred to above
contains the following provision:-
"AND IT IS HEREBY AGREED AND DECLARED by and between the said parties
hereto that the Walls and fences between the dwellinghouses on the
North South and East sides thereof respectively are mesne or party
walls and fences and shall at all times hereafter be used and enjoyed
and maintained and repaired accordingly."

And in the C register

(07.01.1998) A Conveyance dated 6 November 1890 made between (1) Thomas
Speight (2) James Gwynne Hutchinson (3) Albert Sellers and (4) Martha
Hannah Sellers contains reservations, rights, easements, covenants,
agreements and stipulations but neither the original deed nor a
certified copy or examined abstract thereof was produced on first
registration.

The B register mentions an Indemnity but doesn't seem to clarify what for.

I know when I instruct a solicitor they will look into this but I was curious if anyone can see anything I should be concerned with.