Flying Freehold - Terraced Property with Lobby

PJB77

I am selling a property which I have owned for 21 years and the purchasers solicitors have stated that the title deeds show that I do not own the part of my first floor which extends above the shared lobby between my property and the neighbour.  The lobby provides access from the street to the back gardens of just our two properties.  The first floor of my property goes over the lobby completely from front to bck (my property is three bed, the neighbours is two bed).  The whole street is exactly the same - the three bed property goes over the lobby in its entirity, the two bed does not.

I am receiving conflicting advice on what to do.  The property was built in the 1920s when I understand conveying was not was it is now.  I am being told by some people that a flying freehold indemnity policy is the way to go, by others are saying I need to go down the official (and lengthly and costly) route of an official land transfer.

I cannot see where in the land registry documents the issue of not owning part of the first floor of my house is coming from.

My Land registry title states:

The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Conveyance of the land in this title dated 4 March 1929 made between (1) Richard Henry Catterall (Vendor) and (2) Hannah Eliza Salter (Purchaser):-

"And together also with the rights for the Purchaser and the persons deriving title under her owners and occupiers for the time being of the messuage or dwellinghouse hereby conveyed and her and their servants and others by her or their authority at all times hereafter to use the portion of the said lobby or passage not hereby conveyed (in common with the Vendor and the persons deriving title under him owners and occupiers for the time being of the said adjoining messuage or dwellinghouse and his and their servants and others by is or their authority) for all tenantly purposes the Purchaser or the persons deriving title under her paying one equal half part of the expense of keeping such lobby or passage and the door at the westerly end thereof in repair and cleansed Save Except and Reserving unto the Vendor and the persons deriving title under him owners and occupiers for the time being of the said adjoining messuage or dwellinghouse and his and their servants and others by his or their authority the like right to use the portion of the said lobby or passage hereby conveyed the Vendor or the persons deriving title under him paying one equal half part of the expense of keeping such lobby or passage and the said door at the westerly and thereof in repair and cleansed."

NOTE: The lobby or passage referred to is that between the land in this title and 32 Dallas Street.

The Conveyance dated 4 March 1929 referred to above contains the following provision:-

"It is hereby agreed and declared that as between the property hereby conveyed and the adjoining property on the north and south side thereof now or formerly belonging to the Vendor all rights of way light flow of water drainage support and eavesdrop and other easements or quasieasements shall remain and be as they formerly existed under one 1 of 3A: Property Register continued ownership and all walls or divisions separating the property hereby conveyed from the adjoining property numbered 32 and 28 Dallas Street Preston aforesaid now belonging to the Vendor shall be party walls or divisions severed in accordance with Section 38 of the Law of Property Act 1925 and shall be used enjoyed and maintained as such accordingly.

I've also attached the plan.

I'd appreciate if someone can advise on whether I do / do not own the first floor, and what would be the best way to move forward.

Thanks.

AdrianC

Think of the passageway as having an invisible line down the middle. You and your neighbour each own up to that line. But your first floor goes over your neighbour's half of the passage. That's the flying freehold.

The likelihood of there ever being an issue is slender. An indemnity should resolve it cheaply - but that's up to any future buyer to accept or not.

user1977

PJB77 said:

I am receiving conflicting advice on what to do. I am being told by some people that a flying freehold indemnity policy is the way to go, by others are saying I need to go down the official (and lengthly and costly) route of an official land transfer.

Who are these people? What does your solicitor advise?

PJB77

My solicitor hasn't been very helpful. He says it's a boundary issue for me to decide how to resolve.

user1977

PJB77 said:

My solicitor hasn't been very helpful. He says it's a boundary issue for me to decide how to resolve.

Only to the extent that he hasn't visited the property so it's you who needs to confirm to him what's there. But the implications of the flying freehold are for him to advise you on. It's what you're paying for.

NameUnavailable

Have you asked your solicitors who they think does own the portion of 'your' property above the alleyway?

This is hardly an unusual layout, it really shouldn't be that complicated.