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Surveyors Report Says....Flying Freehold

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We noted the property has a cellar which generally appears in adequate
order although ventilation should be improved. The footprint of the cellar
does appear to be larger than that of the ground floor and it is therefore
reasonable to assume that there may be some form of Flying Freehold. You
should consult with your solicitor with this respect. If there is a Flying
Freehold it would appear to constitute less than 10% of the total floor area
of the property......


Is this going to be a huge issue in purchasing the Freehold House please.How do I find out if one is already in place please ??
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Comments

  • We have a flying freehold over the alley between us and next door, we took out an indemnity insurance, it was no bother.
  • Some mortgage lenders might decline to lend, some might be OK with less than 10%. But the surveyor seems unsure if there is or isn't a FF, so best thing is to check that first.

    The ideal solution is a Deed between the two properties involved (assuming the cellar extends beneath next door rather than under the [council -owned] pavement?). Or an indemnity policy?

    Once you've established if there IS a FF, speak to your solicitor.



  • I'm confused.....does the Neighbour need to have the Flying Freehold or do I.What if neither of us wants it.Is it the Land Registry that would have it registered.Should my Solicitor have spotted it in the searches if it existed  ?????????????
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 22 October 2023 at 11:18AM
    You don't 'choose' to have a FF.

    A property either has one, or it does not. That is a matter of fact.

    I'm a bit surprised the surveyor did not determine that definitively eg by careful measurements.

     If there IS a FF then  you need to know what part of the property is affected (your cellar) and what part of the neighbour's property (their ground floor? The pavement outside?....?)
  • user1977
    user1977 Posts: 17,804 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 22 October 2023 at 11:18AM
    I'm confused.....does the Neighbour need to have the Flying Freehold or do I.What if neither of us wants it.Is it the Land Registry that would have it registered.Should my Solicitor have spotted it in the searches if it existed  ?????????????
    Nobody "needs to have" a flying freehold, it's simply a statement of fact about something which already exists if one freehold property overlaps another, which appears to be the case here.

    And no, your solicitor shouldn't have "spotted it in the searches", because there isn't a search which tells you that the cellar goes under the neighbour's property. You discover it by visiting the cellar and looking at it. You've (presumably) done that, so has your surveyor. Your solicitor hasn't. So as your surveyor recommends, you need to discuss it with your solicitor.
  • TBG01
    TBG01 Posts: 498 Forumite
    Fourth Anniversary 100 Posts Name Dropper

    Mustbeananswer??.What if neither of us wants it.Is it the Land Registry that would have it registered.Should my Solicitor have spotted it in the searches if it existed  ?????????????
    What? So you wouldn't want the cellar.

    I suggest reading up on what a flying freehold is. You're seemingly also looking to blame the Solicitor for not spotting it, even though you've supplied no evidence to suggest they've missed it/one is in place.

    Which again I suggest you read up on.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Someone needs to sit down and learn about such things 
  • Thanks for your comments ...though some are a little harsh.I have only bought 5 or 6 houses in my lifetime so cant confess to be that genned up on things.The name itself is a trifle confusing don't you think??Flying Freehold.....I'm really not bothered wether I have the space or not....as its tiny.What Im bothered about is my neighbour having some sort of access to my property??He would have to dig Colditz style to get to it from his property...and there is no evidence he has done that. 
  • Your deeds typically go up from the area marked on the plan upwards. If the neighbours deeds overlap yours that is a flying freehold situation. The neighbour may have right of access if there were services in that area that fed his property (from my understanding of a similar situation we were once in) but that doesn't necessarily mean he will have a route into the cellar from his house, he could knock and ask.
    Never take a stranger's advice. Never let a friend fool you twice.
  • FtbDreaming
    FtbDreaming Posts: 1,127 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    I have a flying freehold which covers the alleyway between 2 terraced houses. I own the front half and next door own the back half. I think it was worked out like that because our front bedroom sits over the front. Their back bedroom sits over the back. It never changed anything in the house buying process for me I think it was just something for the solicitor to deal with.

    in reality we both use the alleyway equally and get on well. If we didn’t I don't think either of us could stop the other using the alley anyway 
    Mortgage started August 2020 £69,700
    Mortgage ends Aug 2050 MFW: Aug 2027 
    Current Balance: £58,678
    MFW2020 #156 £723.13
    MFW2021 #26 £1184.71
    MFW2022 #11 £197.87
    MFW2023 £785
    MFW 2024 £528.15

    Determined to make it! 
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