FTB - flying freehold help!

Elias242

We are in the process of offering our final offer for a property. 

Although I had a Google and found out about flying freeholds. The main bedroom is over a passageway. We have bought the title plan and title register. The title plan shows a red line around the whole house with no indication of a flying freehold - I don’t know what this would look like! And the title register doesn’t mention a flying freehold although it does say there is restrictive covenants. 

We have asked the estate agents and they think it is although they said the vendors have been a bit vague about it but that we should continue as if it was. 

Is this a red flag or should we proceed, we really like the house! We have asked our mortgage advisor who has said that it shouldn’t be a problem to get a mortgage as it isn’t a complicated one. 

Any advice would be great

DavidT67

These are questions for your conveyancer, who’s a legal professional, not estate agents or mortgage advisors ! 

Only a legal professional will be able to advise on good title, restrictive covenants, rights of way, and their implications.

INAL

user1977

A little knowledge seems to be an alarming thing - a minor flying freehold isn't a dealbreaker.

Robin9

My last house was like that -  no problem on a day to day basis - indeed my house was larger (at 1st floor level) that the neighbour.

Elias242

Robin9 said:

My last house was like that -  no problem on a day to day basis - indeed my house was larger (at 1st floor level) that the neighbour.

Thank you! That’s helpful to know, it’s really great to have the extra space from the overhang. 

propertyrental

Does the red line include the passageway or exclude it? If the passageway belongs to you it is not a flying freehold since you would own the ground beneath the passage, the passage itself, and the bedroom above.

However if someone else owns either the whole width of the passageway, or perhaps half the width (with you owning the other half, then your bedroom is above someone else's land and that's a FF.

eddddy

Elias242 said:

The main bedroom is over a passageway. We have bought the title plan and title register. The title plan shows a red line around the whole house with no indication of a flying freehold - I don’t know what this would look like! 

It would only be a flying freehold if somebody else owns the passageway.

If the passageway 'belongs' to the house, there's no flying freehold.

And it could be that the passageway 'belongs' to the house - but others (e.g. neighbours) have a right of way along the passageway. (Which wouldn't be a problem in legal terms.)


Or sometimes a boundary will be along the mid-point of a passageway - meaning you would have a very small flying freehold.

Elias242

eddddy said:

Elias242 said:

The main bedroom is over a passageway. We have bought the title plan and title register. The title plan shows a red line around the whole house with no indication of a flying freehold - I don’t know what this would look like! 

It would only be a flying freehold if somebody else owns the passageway.

If the passageway 'belongs' to the house, there's no flying freehold.

And it could be that the passageway 'belongs' to the house - but others (e.g. neighbours) have a right of way along the passageway. (Which wouldn't be a problem in legal terms.)


Or sometimes a boundary will be along the mid-point of a passageway - meaning you would have a very small flying freehold.

Thank you, this is super helpful. 

Basically the red line goes around the whole house/garden and the bedroom that is over the passageway. So by just looking at this it would appear that you do own that part of the passageway. 

I think the only way to move forward is to proceed and see what a solicitor says!

Elias242

propertyrental said:

Does the red line include the passageway or exclude it? If the passageway belongs to you it is not a flying freehold since you would own the ground beneath the passage, the passage itself, and the bedroom above.

However if someone else owns either the whole width of the passageway, or perhaps half the width (with you owning the other half, then your bedroom is above someone else's land and that's a FF.

The red line does include the passageway that is under the bedroom. And there’s no colour indication or anything apart from that red line. 

propertyrental

Elias242 said:

propertyrental said:

Does the red line include the passageway or exclude it? If the passageway belongs to you it is not a flying freehold since you would own the ground beneath the passage, the passage itself, and the bedroom above.

However if someone else owns either the whole width of the passageway, or perhaps half the width (with you owning the other half, then your bedroom is above someone else's land and that's a FF.

The red line does include the passageway that is under the bedroom. And there’s no colour indication or anything apart from that red line. 

So there's no FF ! You would own the passageway and bedroom. Any maintenance of either the passage or bedroom above would be your responsibilty