boundary of new home query

nolastchance

I am buying a terraced house with an alleyway between my house and the next house. on the boundary plan my neighbour owns half the alleyway but we both have right of way.
My concern is that the rooms over the alleyway are part of my house but go over the boundary line. could this be an issue?
thanks in advance

martinthebandit

https://en.wikipedia.org/wiki/Flying_freehold

HTH

silvercar

It's called a "flying freehold", most lenders would be happy with this, but you should check with your solicitor that the paperwork is correct. Your solicitor won't automatically know as he won't have visited the property.

G_M

Flying freeholds can be an issue. Some lenders won't grant mortgages. Some will only do so if the flying freehold is is less than x% of the property's footprint.


But irrespective of whether this affects any mortgage application you make, the reason for this reluctance is the potential legal uncertainty over ownership of the land beneath, and liability for access and/or repairs etc.


Suppose you need to do work to the part of your property overhanging your neighbour's land, they might refuse you acess. And if the work required involves, say, a supporting wall which is on the neighbour's land but supports your room above, then which of you is responsiblefor that wall.....?


Ideally with a FF, such matters would be subject to a Deed, binding both properties, specifying who has what rights and who has what responsibilities.