Flying Freehold not Fireproof

ggpowell2

csgohan4 wrote: »

Your earlier post made me chuckle, OP if you don't like it buy a detached one seriously. But they are expensive aren't they?

guess you have to buy something in your budget and accept there won't be a perfect house on the market and accept one which at least ticks most of your boxes. No house is perfect unless your a millionaire

I understand that, I am not looking for perfect, I am looking for advice from people who have dealt with similar situations and any solutions they found but so far have just found several people who obviously enjoy being rude to someone who simply wanted some advice/help-clearly you are all geniuses who never need somebody else's help so good for you. I, on the other hand, do so will wait until someone who can help or offer advice comments.

G_M

But you've had good advice.

You cannot alter the Title of your, or the neighbour's, properties. So you either buy it or walk away.

As doozergirl suggests, investigate fire-proofing options. This forum is not the best place for such specialist construction queries.

As for the legal issues, liability etc, are you doing the conveyancing yourself? if so, clearly it is time to stop as you don't know enough.

If you are using a reputable conveyancer, speak to him (or, I suppose, her) about the implications and options.

Are you getting a mortgage? The lender might have issues with this.

Doozergirl

ggpowell2 wrote: »

ToasterScheme, I understand that but in my own house I will have control of what is in the rooms and therefore the fire risk, also I thought not having a proper wall between two houses would affect buildings insurance, i.e. do companies insure without proper fireproofing and if so does it increase the cost as that was not in my consideration when I put my offer in which was why I was hoping someone might have insight from their own experience?

Doozergirl, thank you, he didn't mention those kind of fire options just brick but like above I wonder if this is because brick is what insurance companies require or if I just need a different builder?

I am still concerned about the legal liability of anything happening on their stairs on my freehold, does a flying freehold require them to take this liability on?

A different builder if he can't work it out. Between conversion flats you don't have bricks on the divides between floors, you have wood and a fire supressant. Brick is not the only option available.

He sounds like a bit of an idiot, on all accounts, offering you advice on something he clearly knows nothing about. I might offer an opinion but I'd be sure to tell you if I didn't know something. How did you even manage to find a builder to come out to a property you haven't bought yet?

You need to speak to your solicitor about flying freeholds.

A flying freehold is two freeholds. One flying over the other. No one is liable to the other if they fall on the stairs - you are letting your imagination run an awfully long way here. There does need to be an indemnity or some form of agreement between the two parties to afford each other's building support and protection for the security of the building but it's not complicated and your solicitor will have been through it many times before.

I think you really overcomplicating this issue. Ask builders about building jobs, not flying freeholds, and ask your solicitor about the flying freehold.

ggpowell2

Doozergirl wrote: »

A different builder if he can't work it out. Between conversion flats you don't have bricks on the divides between floors, you have wood and a fire supressant. Brick is not the only option available.

He sounds like a bit of an idiot, on all accounts, offering you advice on something he clearly knows nothing about. I might offer an opinion but I'd be sure to tell you if I didn't know something. How did you even manage to find a builder to come out to a property you haven't bought yet?

You need to speak to your solicitor about flying freeholds.

A flying freehold is two freeholds. One flying over the other. No one is liable to the other if they fall on the stairs - you are letting your imagination run an awfully long way here. There does need to be an indemnity or some form of agreement between the two parties to afford each other's building support and protection for the security of the building but it's not complicated and your solicitor will have been through it many times before.

I think you really overcomplicating this issue. Ask builders about building jobs, not flying freeholds, and ask your solicitor about the flying freehold.

I didn't ask his opinion on that, he went round to give me a quote to get rid of the chimney as I wanted a quick sale (except my mortgage lender wanted an employer reference and working for a council that has taken a month despite me chasing) and for that to be the first thing I would do before moving in as it affects 4 rooms which is pretty much the whole house so I wouldn't want all my stuff there to get ruined with the soot. He worked out the situation and said he had never seen a house like it and started listing off all the issues with it and it got me really worried and having not paid for the survey or solicitor yet I thought maybe it was best to bow out but thought to see what others have done in these situations, I know a forum will never give legal advice etc. I appreciate your help, obviously I chose the wrong builder and he has got me unnecessarily worried but now I know there are solutions via my solicitor I will proceed and just ask them to sort it.

kerri_gt

ggpowell2 wrote: »

I am still concerned about the legal liability of anything happening on their stairs on my freehold, does a flying freehold require them to take this liability on?

The stairs are not your freehold though - only the portion above that is part of your house - hence the term 'flying freehold' rather than 'freehold' - you have part of a freehold flying above someone else's freehold.

What they do / don't do on their stairs and in any part of their freehold is of no direct liability to you, just like they have no liability should you have an accident in your wardrobe above their stairs (talking as if you had moved in to the property)

Doozergirl

ggpowell2 wrote: »

I didn't ask his opinion on that, he went round to give me a quote to get rid of the chimney as I wanted a quick sale (except my mortgage lender wanted an employer reference and working for a council that has taken a month despite me chasing) and for that to be the first thing I would do before moving in as it affects 4 rooms which is pretty much the whole house so I wouldn't want all my stuff there to get ruined with the soot. He worked out the situation and said he had never seen a house like it and started listing off all the issues with it and it got me really worried and having not paid for the survey or solicitor yet I thought maybe it was best to bow out but thought to see what others have done in these situations, I know a forum will never give legal advice etc. I appreciate your help, obviously I chose the wrong builder and he has got me unnecessarily worried but now I know there are solutions via my solicitor I will proceed and just ask them to sort it.

Super. It will be fine.

Even better not to take advice from someone that has never seen it before! I have owned one, it wasn't picked up when we bought (my second purchase) but was when we sold and it was sorted without much stress.

Good luck with it and don't forget Building Regulations Approval when you take that chimney out . Hopefully he did tell you about that!

Mossfarr

You mentioned that 'your' house is a mid-terraced property. Why don't you just knock on the house next door (the other side from the unoccupied house) and ask?
The other properties in the terrace will have been built in the same style so i'm sure one of your new neighbours will be able to explain things to you.