Cant sell! Flying Freehold and Encroaching land

ScorpiondeRooftrouser · 14 September 2017 at 2:42PM

david171 wrote: »

It's a double storey rear extension - half is owned and occupied by us and the other half by the neighbours. There surveyor has stated that as the bathroom is larger than the downstairs utility, it may extends over on to the neighbours half and consequently the bathroom may also be a flying freehold. This is all so unexpected!!!! Could it just be an over cautious surveyor. Could it not be that the neighbours downstairs is encroaching on our land?

You should be able to tell that by looking. Is your bathroom sticking into their property or is their downstairs room sticking into yours? From what you say about lining up with the original party wall, it sounds like the former.

Your solicitor simply wouldn't know about this. If all you bought was the land and building inside the boundary on the Land registry plan, they couldn't know that essentially the extension had been built with your upstairs room overlapping that boundary. They haven't seen the house.

Is there a boundary extending beyond the extension to the rear? if so how does that fit in?

lincroft1710 · 14 September 2017 at 2:55PM

This sounds odd that an extension built in the 1960s would not have the party wall going straight up from floor to roof. I would be checking internal measurements on both floors to ascertain how much (if anything) they differ.