When purchasing property in the UK, you may come across the term “flying freehold.” These types of properties can be a bit more complex than standard freehold or leasehold properties, so it’s important to understand what they are and how they could affect your purchase. Flying freeholds often have unique characteristics that make them distinct, which can lead to both opportunities and challenges for potential buyers.
What Is a Flying Freehold?
A flying freehold occurs when part of a freehold property extends over or under another person’s property. This is often the case with older buildings that have been modified over time, or in terraced or semi-detached houses where one part of a building (like a room or hallway) overhangs or passes underneath a neighbour’s property. These architectural quirks are typically the result of historical building practices or renovations that have altered the original layout of properties.
For example, you might have a bedroom that extends over a passageway or an access route to another home. The overhanging section would be considered the “flying” part of the freehold because it’s physically above or beneath another freehold property. Such features can add character to a home, but they also come with additional responsibilities that need to be carefully considered.
Flying freeholds can also exist in properties where shared features, such as staircases or balconies, are positioned in a way that one owner’s property technically extends into or over another. These arrangements are usually found in older properties that have been divided or adapted, but they can also appear in some newer developments where space is used creatively.
How Common Are Flying Freeholds?
Flying freeholds are relatively uncommon but can be found in older properties, especially those in rural areas or historical towns. Buildings that have been divided into separate homes over time, such as converted manor houses or cottages, are more likely to have flying freeholds. The charm and historical significance of these properties often make them attractive to buyers looking for unique homes, but it’s important to be aware of the added complexities that come with them.
In areas where land use has evolved over centuries, flying freeholds may be more prevalent. For instance, in historical towns or villages, it was common for builders to maximize space by overlapping parts of adjacent buildings. This practice has resulted in many properties with flying freeholds that are now part of the UK’s housing landscape. As a buyer, understanding how common flying freeholds are in a given area can help you make an informed decision and anticipate potential challenges.
Potential Issues with Flying Freeholds
Flying freeholds present some unique challenges, particularly when it comes to maintenance, responsibility, and legal obligations. Here are some potential issues to be aware of:
- Maintenance responsibilities: One of the biggest concerns with flying freeholds is that maintaining the part of the property that “flies” over another can be complicated. For instance, if the roof of the flying section needs repairs, you may need access to your neighbour’s land to carry out the work. This can sometimes lead to disputes, especially if access is not clearly defined in the property deeds. It’s crucial to understand who is responsible for which parts of the property and how maintenance obligations are shared.
- Legal access: You might need a legal right of access to maintain your part of the property, especially if it involves entering someone else’s land. Ensuring that access rights are clearly documented is essential, as a lack of clarity can lead to disputes with neighbours. In some cases, access rights may not be formally recorded, which can make maintenance difficult and even result in legal complications. It’s advisable to work with a solicitor to verify that all necessary access rights are in place before purchasing.
- Insurance: Insuring a flying freehold can sometimes be more difficult, as both properties are intertwined. You’ll need to ensure that your home insurance covers all aspects of your property, including the flying part, and that any disputes over shared areas are resolved. Some insurers may be hesitant to cover flying freeholds due to the increased risk of claims involving multiple parties. It’s important to shop around for an insurer that understands the complexities of flying freeholds and can provide adequate coverage.
- Mortgage complications: Many mortgage lenders are cautious about flying freeholds. While it’s not impossible to get a mortgage for a property with a flying freehold, you may find fewer lenders willing to offer loans, or that they impose stricter conditions. This is mainly due to the legal complexities around access, responsibility, and maintenance. Some lenders may require additional assurances, such as indemnity insurance or formal agreements with neighbours, before they approve a mortgage. It’s important to work with a mortgage advisor who has experience with flying freeholds to navigate these challenges effectively.
How to Manage a Flying Freehold Purchase
If you’re interested in purchasing a property with a flying freehold, there are steps you can take to protect yourself and make the process smoother:
- Legal advice: Always consult a solicitor who has experience dealing with flying freeholds. They can review the deeds and legal agreements to ensure you fully understand your responsibilities and rights, including any necessary access rights. A solicitor experienced in flying freeholds will be able to identify potential issues early in the process and help you address them before they become major problems.
- Indemnity insurance: If legal issues arise, such as lack of clear access for maintenance, indemnity insurance can provide protection. This type of insurance can cover costs if there’s a dispute with your neighbour or if you’re unable to access the flying part of your property. Indemnity insurance is often required by mortgage lenders as a condition of the loan, especially if there are unresolved issues related to access or maintenance responsibilities.
- Neighbour agreements: Maintaining a good relationship with your neighbours is crucial. In some cases, it might be necessary to put formal agreements in place to ensure both parties understand their responsibilities. These agreements can help avoid misunderstandings and disputes over maintenance or access. A positive relationship with neighbours can make it much easier to manage the complexities of a flying freehold, particularly when it comes to arranging repairs or resolving issues that affect both properties.
- Thorough property survey: It’s advisable to commission a thorough property survey before purchasing a flying freehold. A surveyor with experience in these types of properties can identify any structural issues or potential maintenance concerns. Understanding the condition of the flying section and any shared areas can help you budget for future repairs and avoid unexpected costs.
- Mortgage broker assistance: Given the complexities involved in securing a mortgage for a flying freehold, it’s a good idea to work with a mortgage broker who has experience in this area. They can help you find lenders who are willing to finance properties with flying freeholds and advise you on the best way to present your application to increase your chances of approval.
Is It Worth Buying a Property with a Flying Freehold?
Flying freehold properties can offer unique charm, particularly in older or converted buildings. They often have architectural features that are hard to find in newer properties, such as characterful overhangs, intricate layouts, and historical details that make them stand out. However, they do come with added complexities, and it’s important to be fully informed before making a purchase.
With the right legal advice and preparations, buying a flying freehold property doesn’t have to be a problem, but you should be aware of the potential challenges that could arise. For buyers who are prepared to navigate these complexities, a flying freehold can be an opportunity to own a truly distinctive property with historical significance and charm. It’s all about balancing the risks with the rewards and ensuring that you have the right support in place throughout the buying process.
Flying freeholds require a bit more diligence and care compared to standard properties, but they can be well worth the effort for those who appreciate unique homes. By working with experienced professionals and maintaining open communication with neighbours, you can enjoy the benefits of owning a property with a flying freehold while minimizing the potential downsides.
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Disclaimer:
This article is for general guidance purposes only and does not constitute legal, financial, or professional advice. Mortgage products and their terms can vary, and it is important to seek advice from a qualified, regulated professional who can assess your individual circumstances. Please ensure you consider your unique needs before making any financial decisions.
While every effort is made to ensure that the information provided on this blog is accurate and up-to-date, we do not guarantee its completeness or accuracy. The mortgage market can change rapidly, and the information on this blog may become outdated. We recommend verifying any information before acting on it and seeking tailored advice.
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