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Flying Freehold

I own the ground floor flat in a converted property. The footpath at my back door is marked as flying freehold. It adjoins my upstairs neighbour's garden who has put up a fence. She seems to think she has ownership of the path past my back door. What does this all mean in practice? Who owns what and what are the rules? Anyone know?Thank you.

Comments

  • eddddy
    eddddy Posts: 18,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pegeen2010 wrote: »
    I own the ground floor flat in a converted property. The footpath at my back door is marked as flying freehold. It adjoins my upstairs neighbour's garden who has put up a fence. She seems to think she has ownership of the path past my back door.

    A flying freehold means that one person's property is above or below another person's property.

    So in relation to a path - it could mean that part of your property (e.g. your bedroom) overhangs a path owned by your neighbour.

    (But that doesn't sound like what you are describing.)
    pegeen2010 wrote: »
    What does this all mean in practice? Who owns what and what are the rules? Anyone know?Thank you.

    You have to read your deeds to find out who owns what and what the rules are.

    There are no standard rules.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    pegeen2010 wrote: »
    I own the ground floor flat in a converted property. The footpath at my back door is marked as flying freehold. It adjoins my upstairs neighbour's garden who has put up a fence. She seems to think she has ownership of the path past my back door. What does this all mean in practice? Who owns what and what are the rules? Anyone know?Thank you.
    "marked as flying freehold." where? By who? This does not sound like a FF.

    A FF relates to ownership of property above or below another's.

    You seem to be describing a path adjoining a fence. very different.

    Please explain.

    As for ownership of the path.

    * What does your Title document say?
    * What does your Title Plan show?
    * What does your neighbour's Title document say?
    * What does your neighbour's Title Plan show?
  • pegeen2010
    pegeen2010 Posts: 23 Forumite
    Part of the Furniture 10 Posts Photogenic
    Thank you for your reply. I should have put "joint flying freehold". In answer to your question the document is according to a copy of the Land registry plans.
  • Robin9
    Robin9 Posts: 13,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Still doesn't sound right.

    I had a house with a Flying Freehold - effectively one of a pair of semis. My bedroom was joined to next doors bedroom but underneath it was an alleyway that belonged to my neighbour.

    Flying implies in the air - what you describe is all at ground level
    Never pay on an estimated bill. Always read and understand your bill
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pegeen2010 wrote: »
    the document is according to a copy of the Land registry plans.
    But who's "marked it" as "flying freehold"? That doesn't sound like something the Land Registry would have done. Where did you get this copy plan?
  • pegeen2010
    pegeen2010 Posts: 23 Forumite
    Part of the Furniture 10 Posts Photogenic
    Sounds like I need to ask for relevant documentation from my solicitor. Thanks to all
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why not explain to us in more detail?

    What exactly is the set up? Path? Garden? Overhead room/building? Who lives where?

    As for
    a copy of the Land Registry plans.
    * the Plan is unlikely to be 'marked- it is a 2 dimensional err.... plan. Please describe what it shows/says.

    Please quote exactly what it says and where.
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