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  • FIRST POST
    • OhNoNotAgain
    • By OhNoNotAgain 9th May 18, 7:45 PM
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    OhNoNotAgain
    Question about flying freehold and house deeds
    • #1
    • 9th May 18, 7:45 PM
    Question about flying freehold and house deeds 9th May 18 at 7:45 PM
    Hello

    If you owned a property which had a small cupboard space which was flying freehold and this was putting buyers off.

    Would it be possible to simply block off this cupboard and re write the deeds to say that this part of the house now belongs to the neighbouring house and thus eliminate the 'flying' part of the property?

    How much does it cost to re write 2 x set of deeds to re define the freehold - any idea?

    Thanks in advance x
Page 1
    • SG27
    • By SG27 9th May 18, 7:49 PM
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    SG27
    • #2
    • 9th May 18, 7:49 PM
    • #2
    • 9th May 18, 7:49 PM
    Why is it putting buyers off? What do the deeds actually say about it?

    I have a small area of flying freehold its not mentioned in the deeds
    • OhNoNotAgain
    • By OhNoNotAgain 9th May 18, 7:55 PM
    • 31 Posts
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    OhNoNotAgain
    • #3
    • 9th May 18, 7:55 PM
    • #3
    • 9th May 18, 7:55 PM
    We want to buy this property and the freehold issue was the reason the last people pulled out - worried that if we buy it we won't be able to sell it again when the time comes - I don't know what the deeds say, it was a hypothetical question.
    • davidmcn
    • By davidmcn 9th May 18, 7:58 PM
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    davidmcn
    • #4
    • 9th May 18, 7:58 PM
    • #4
    • 9th May 18, 7:58 PM
    No, what you're suggesting is more problematic than having a tiny flying freehold.
    • SG27
    • By SG27 9th May 18, 8:03 PM
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    SG27
    • #5
    • 9th May 18, 8:03 PM
    • #5
    • 9th May 18, 8:03 PM
    I cant see any reason to pull out for such a small area of flying freehold. Some mortgage lenders don't like it but normally only its 10% or more of the total floor space.

    If youre worried about selling you could block the cupboard up and no one would know. I doubt its mentioned in the deeds. You can go online to land registry website and download the deeds for a few quid and check.

    Plus you could buy a halloween skeleton and block it up in the cupboard ready to scare the **** out of future generations!
    • OhNoNotAgain
    • By OhNoNotAgain 9th May 18, 8:05 PM
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    OhNoNotAgain
    • #6
    • 9th May 18, 8:05 PM
    • #6
    • 9th May 18, 8:05 PM
    So a tiny flying freehold is nothing to be too concerned about?
    • OhNoNotAgain
    • By OhNoNotAgain 9th May 18, 8:07 PM
    • 31 Posts
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    OhNoNotAgain
    • #7
    • 9th May 18, 8:07 PM
    • #7
    • 9th May 18, 8:07 PM
    LOL SG27 - Good call about downloading the deeds I didn't realise you could do that!!
    • G_M
    • By G_M 9th May 18, 8:12 PM
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    G_M
    • #8
    • 9th May 18, 8:12 PM
    • #8
    • 9th May 18, 8:12 PM
    Why don't you look at the deeds here? It's only £3 each for the Title & Plan so £12 for yours and the neighbour's Deeds.

    Yes, just the words 'flying freehold' might put some buyers into a panic, but any serious buyer would soon realise that tiny % is insignificant.

    Of course you could physically block off the cupboard, open up an access to it by the neighbour, and then transfer ownership to them, provided they (and your/their mortgage lenders) agreed. I assume it's not a literal 'neighbour' though - rather the owner of a property below/above?

    Would a sale of the cupboard be involved? With a sale price? Or a straight transfer?

    A surveyor might be needed, to re-draw the respective Plans, as well as a solicitor perhaps, though you could DIY using

    * TP1
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    • OhNoNotAgain
    • By OhNoNotAgain 9th May 18, 8:32 PM
    • 31 Posts
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    OhNoNotAgain
    • #9
    • 9th May 18, 8:32 PM
    • #9
    • 9th May 18, 8:32 PM
    Good advice G_M - I guess that's what I was thinking without knowing the procedure!
    • Tom99
    • By Tom99 10th May 18, 1:59 AM
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    Tom99
    I would think the easiest way is to have indemnity insurance which is what I did, paid by the vendor.
    • SG27
    • By SG27 10th May 18, 6:58 AM
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    SG27
    I would think the easiest way is to have indemnity insurance which is what I did, paid by the vendor.
    Originally posted by Tom99
    What does that actually cover?
    • Tom99
    • By Tom99 10th May 18, 7:34 AM
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    Tom99
    What does that actually cover?
    Originally posted by SG27
    My “loss” up to the policy max. I was happy with a £50k max as its only a small area of loft space rather than part of a habitable room.
    I do not know how much the vendors paid for the policy, a higher max cover would obviously be more expensive.
    • SG27
    • By SG27 10th May 18, 7:43 AM
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    SG27
    My “loss” up to the policy max. I was happy with a £50k max as its only a small area of loft space rather than part of a habitable room.
    I do not know how much the vendors paid for the policy, a higher max cover would obviously be more expensive.
    Originally posted by Tom99
    What could occur that could cause you any loss?
    • Tom99
    • By Tom99 10th May 18, 8:51 AM
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    Tom99
    What could occur that could cause you any loss?
    Originally posted by SG27
    Specifically the fall in open market value caused by the inability to enforce rights of support.
    • da_rule
    • By da_rule 10th May 18, 10:28 AM
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    da_rule
    Might also be worth checking the neighbours title register as they may have a covenant in their title guaranteeing a right of support etc.
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