What is a flying freehold?
  • 25th Mar 2019

A flying freehold is a part of one client’s property which overhangs or is affected by someone’s else’s property or land contained in separate titles.

  • Some lenders do not accept a flying freehold so it is necessary to check the lender’s requirements at the outset.
  • It is necessary to identify on a plan the part of the property that is affected by the flying freehold.
  • If the lender is prepared to accept a title that includes a flying freehold then the following must be checked and obtained by the solicitor:-
  1. The property must have all necessary rights of support and protection
  2. Entry for repair
  3. A scheme of enforceable covenants which must include a provisions that all subsequent buyers enter into an identical form of the covenants.
  4. Certify that the title is good and marketable
  • If the above requirements are not fulfilled then some lenders will accept indemnity insurance.
  • Please note that you can also have freehold flats aswell so for more information please contact Kulbir Conner here.