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Question about flying freehold and house deeds

Hello

If you owned a property which had a small cupboard space which was flying freehold and this was putting buyers off.

Would it be possible to simply block off this cupboard and re write the deeds to say that this part of the house now belongs to the neighbouring house and thus eliminate the 'flying' part of the property?

How much does it cost to re write 2 x set of deeds to re define the freehold - any idea?

Thanks in advance x
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Comments

  • SG27
    SG27 Posts: 2,773 Forumite
    Why is it putting buyers off? What do the deeds actually say about it?

    I have a small area of flying freehold its not mentioned in the deeds
  • OhNoNotAgain
    OhNoNotAgain Posts: 31 Forumite
    Part of the Furniture Combo Breaker
    We want to buy this property and the freehold issue was the reason the last people pulled out - worried that if we buy it we won't be able to sell it again when the time comes - I don't know what the deeds say, it was a hypothetical question.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No, what you're suggesting is more problematic than having a tiny flying freehold.
  • SG27
    SG27 Posts: 2,773 Forumite
    I cant see any reason to pull out for such a small area of flying freehold. Some mortgage lenders don't like it but normally only its 10% or more of the total floor space.

    If youre worried about selling you could block the cupboard up and no one would know. I doubt its mentioned in the deeds. You can go online to land registry website and download the deeds for a few quid and check.

    Plus you could buy a halloween skeleton and block it up in the cupboard ready to scare the **** out of future generations! :rotfl:
  • OhNoNotAgain
    OhNoNotAgain Posts: 31 Forumite
    Part of the Furniture Combo Breaker
    So a tiny flying freehold is nothing to be too concerned about?
  • OhNoNotAgain
    OhNoNotAgain Posts: 31 Forumite
    Part of the Furniture Combo Breaker
    LOL SG27 - Good call about downloading the deeds I didn't realise you could do that!!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why don't you look at the deeds here? It's only £3 each for the Title & Plan so £12 for yours and the neighbour's Deeds.

    Yes, just the words 'flying freehold' might put some buyers into a panic, but any serious buyer would soon realise that tiny % is insignificant.

    Of course you could physically block off the cupboard, open up an access to it by the neighbour, and then transfer ownership to them, provided they (and your/their mortgage lenders) agreed. I assume it's not a literal 'neighbour' though - rather the owner of a property below/above?

    Would a sale of the cupboard be involved? With a sale price? Or a straight transfer?

    A surveyor might be needed, to re-draw the respective Plans, as well as a solicitor perhaps, though you could DIY using

    * TP1
    * AP1
    * ID1
  • OhNoNotAgain
    OhNoNotAgain Posts: 31 Forumite
    Part of the Furniture Combo Breaker
    Good advice G_M - I guess that's what I was thinking without knowing the procedure!
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]I would think the easiest way is to have indemnity insurance which is what I did, paid by the vendor.[/FONT]
  • SG27
    SG27 Posts: 2,773 Forumite
    Tom99 wrote: »
    [FONT=Verdana, sans-serif]I would think the easiest way is to have indemnity insurance which is what I did, paid by the vendor.[/FONT]

    What does that actually cover?
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