Coach House Flying Freehold

tsears

I'm looking at the option of buying the freehold of my property. There are currently around 90 years left on the lease. The only issue is I have a coach house, so under part of my property is access to a communal car park around the back of the house. 

Is this going to be massively complicated, and should I just keep it leasehold? If I were to buy the freehold, would this also bring up complications when coming to sell?

Here is an image to help illustrate the issue. 


Thanks in advance! 

DullGreyGuy

So is the garage within your property your own or someone else's? 

Section62

tsears said:

I'm looking at the option of buying the freehold of my property. There are currently around 90 years left on the lease. The only issue is I have a coach house, so under part of my property is access to a communal car park around the back of the house. 
...

Could you clarify, is this just an archway which allows access to an open-air car park at the rear, or is there also a garage under the dwelling?

twopenny

A solicitor can deal with a flying freehold. It can be a little more time consuming but shouldn't be a lot.
The only problem I've seen with one was where the neighbour wanted to buil a porch under that affected maintenance but with cars going in and out that's unlikely.

Neil49

These frequently turn up in Homes Under the Hammer and all you need is a competent solicitor to deal with it. Don't use a cheap online solicitor as there's a good chance that the trainee they allocate the work to won't understand what is involved. 

daveyjp

If you buy the freehold does it include the land under the arch?  If not who will own that?

Some lenders have limits on the percentage of the property that is 'flying'.

user1977

Are you sure the freehold being offered to you is "flying"?

eddddy

tsears said:

I'm looking at the option of buying the freehold of my property. There are currently around 90 years left on the lease. The only issue is I have a coach house, so under part of my property is access to a communal car park around the back of the house. 

Do you want to follow the Statutory Route? (i.e. use the law to compulsorily purchase the freehold of your house).

If so, I'm not sure that your property meets the legal definition of a 'house'.

The commonhold and leasehold reform act 2002 say that a 'house' must be vertically divided from other properties.

But part of your property is horizontally divided - the part that is over access archway.

Therefore, as far as the legislation is concerned, your property might be a 'flat', and therefore you can't buy its freehold.


But you might be able to 'informally' buy the freehold (as a flying freehold). You can ask whoever currently owns the freehold if they will sell it to you - but they are free to say "No" or say "Yes" and ask for any price they choose.

tsears

Thanks for all of the replies. Apologies for the delay, I was hoping I'd get email notifications of the replies! 

Yes the garage underneath the property is mine, its just the bit under the archway which will be the flying freehold, or thats my assumption. The property is an ex-shared ownership as the last owner staircased their way up. 

Many others in my estate have been able to buy their freehold but no one else has a flying freehold as they are standard houses. 

user1977

Why are you assuming the freehold will be flying? Wouldn't you be getting a non-flying freehold (but subject to the other parties' rights)?

tsears

I spoke to a friend of a friend who is a solicitor and he mentioned coach houses are usually flying freehold, I may be wrong but I guess I'd need to check, it was just my assumption that all coachhouses are usually flying freehold