Flying Freeholds - How much of a problem

Newbiejono

I am hoping to buy my mothers house through a mortgage. it is a council terrace where there is a passage way that next doors bedroom hangs over. The title plan does not show this at all.

any ideas how this can be resolved. will a mortgage company just accept an indemnity policy.

​​​​​​​The passage way to the back of the house is not shared access.

thelem

Are you saying that your mother wholly owns the passage way, and there is a different freehold above the passage way? If the title plan doesn't show the passage way, then are you sure your mother even owns it?

I've only ever seen this question asked from the other perspective so I'll be interested to see the answers here.

Slithery

Is it a flying freehold? It sounds like your mothers property doesn't overhang or is overhung by anything.

Newbiejono

Yes title shows boundary walls in garden , tile for next door also does not show overhang . There is deffently an overhang. Next doors
Bedroom ovehands the side passage ... there side passage is enclosed, has a door each end

Newbiejono

... title for next door .... that what is should say

G_M

Newbiejono wrote: »

Yes title shows boundary walls in garden , tile for next door also does not show overhang .

So the passage is definately within the boundary of your mother's house, yes? She owns the passage?

Different mortgage lenders have different policies regarding !!!!!!.

Some say no. Some say yes, if it's less than X% of the prperty, some say it depends on the covenants in the Title.

Withn the Title, or associated Deeds, is there any accountability for maintenance? Who is responsible? Who insures? etc

... title for next door .... that what is should say

You don't need a new post (or the thread ends up with thousands!). lick the 'edit' button beneath your post to make corrections.

Oops - that should say 'Click'! (see?)

Newbiejono

Sorry but the edit button was not working ? I am currently using my phone.

The title for both houses does talk about maajntance and allowing pipes through etc but it does not mention the flying freehold tho .

Natwest are saying ...

Yes. Where it is possible to enforce positive covenants (e.g. a written agreement is in place to ensure maintenance, repair and insurance of the building and common parts are shared equitably amongst all residents). The maximum Loan to Value is restricted to 90%.

I am guessing this means my situation will not cover this even with a policy. All I can think of is there are no common parts

seven-day-weekend

We sold our house with this scenario (i.e part of next door's bedrooms hung over our passageway. However, the passageway was shown as ours on the title plan). The buyers' mortgage lenders wanted an indemnity policy which we provided and the sale went through smoothly.

stator

I wouldn't expect this to be a problem, there are loads of houses like this

Just use a broker if you don't want the hassle of finding a lender who will accept it

davidmcn

Didn't this come up when your mum bought?