What Is a Flying Freehold?
A flying freehold occurs when part of a freehold property extends over or under another person’s property. For example, if a bedroom in your house sits above a shared passageway or over part of your neighbour’s home, that section is considered a flying freehold.
While perfectly legal and fairly common, particularly in older terraced or converted buildings, flying freeholds can present legal and practical challenges. The main concern is access for repairs or maintenance. Since part of your property relies on or sits above someone else’s land, you may need their permission to carry out work. Without formal rights in place, this could lead to disputes.
Mortgage lenders may also be cautious when it comes to flying freeholds. Some may request additional documentation or refuse to lend without adequate rights of access and repair being recorded in the title deeds.
If you are purchasing a property with a flying freehold, your solicitor will investigate the legal arrangements in place.
“A flying freehold doesn’t need to be a dealbreaker but it is something to be aware of. At Mullis & Peake, we make sure any potential issues are identified and addressed early, ensuring your investment is protected and your rights are clear.”
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