Flying freehold?

Mossfarr

I purchased a property with a flying freehold seven years ago. Its an ex council terrace with a narrow passageway between my house and next door. The FF is because my front bedroom extends across the front half of the passageway. My neighbours rear bedroom extends across the back half of the passageway. This building design is extremely common in council properties.
No problem at all getting a mortgage. My solicitor just paid extra attention to the issue during the conveyancing to ensure it was correctly registered.

G_M

Blondie1983 wrote: »

The alley appears to be within my boundary but the advert says the property is freehold with a flying freehold. I'm still awaiting EA clarification - he simply pointed at the arch and room on viewing and said "that's the flying freehold bit"!

Ah!

Estate agents are not legally qualified (which is why we also get solicitors involved in property sales/purchases!).

So an EA saying "that's the flying freehold bit"means diddly squat!

Either wait for your solicitor to check and advise you, or spend £3 downlouding the Title and Plan from the Land Registry and confirm if the alleyway belongs to the property. And what the Title says about ROW for others to use the alley.

Vicki_Cheney

I'm in the middle of a purchase. Part of the bedrooms hang over a passageway that runs between 2 houses. The passageway is unregistered on the land registry so no-one owns it! My complication is that the section of the bedrooms also show as unregistered on the land registry!! We assume it must be an error as the bedrooms have been in existence since the property was built 100 years ago. Other houses in the street with the same layout are all registered in full - its just this one!! Obviously my solicitor can't proceed when legally ownership of a section of the bedrooms is not registered with the land registry. It is for the seller to resolve and it should've really been picked up when they purchased but it appears that it could take 4 months to rectify with the land registry. Our chain will break down in this time scale. We're all abit unsure about how to move things forward. We all want to put it right and make sure this error doesn't continue but we're not sure how to do it to keep solicitors happy and make sure I'm not the one that is left vulnerable and potentially having to sort something out if I ever come to sell. Fortunately there is no mortgage company to pacify!! Any suggestions???

graboluk

Hi Vicki, as I'm in the process of buying a similar property (perhaps tiny bit less complicated than yours), I'm thrilled to find out how are you doing?

Just my 3p about what I would be slightly concerned about in your situation (caveat emptor - really just slighlty concerned, not much at all): sorting out the roof ownership over the flying freehold - I can imagine a situation when, say, water starts dripping to the FF part of your bedrom. If this happens it would be good to know exactly who owns the roof over the FF part of your bedroom - do you know how it is in your case?

I'm trying to find it out in my situation, but haven't spoken to my solicitor about it yet (and I'm slightly obsessed with the roof because the house I'm buying is >90 years old and from the looks of it the roof hasn't been replaced yet)