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Legal bods - Flying Freehold?

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Old 30 January 2007, 10:14 AM
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Graz
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Post Legal bods - Flying Freehold?

Looked this up on Google but it doesn't really make much sense in this instance. Looking to buy a house at the moment and have seen a nice link detached place that we are thinking of putting an offer in for .......

......however on the estate agents blurb it says it's a "Flying Freehold". We asked the vendor but she seemed to think the property was just freehold and wasn't sure where the flying bit came from. Hopefully it's just an estate agent screw up. My missus is talking to them today.

According to the stuff I read on Google it has something to do with a part of your house being reliant on the structure of your neighbours house such that if it were taken away completely that part of your house may fall down with it? It then goes on to mention that covenants can be drawn up between neighbours to do maintenance where required but apparently these aren't really worth the paper they are written on, especially if one of the neighbours moves away.

How does it work with semi-detached / terraced, surely they are all freehold even though you share part of the structure of the house with your neighbours?

The stuff on Google basically says to avoid flying freeholds and that you may well struggle to find a mortgage against a house with one?

Anybody enlighten me / have a property with a flying freehold? Never heard of it until looking it up today!

Cheers,

Graz
Old 30 January 2007, 11:03 AM
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RRH
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One of my commercial properties is a flying freehold;

Looking at the property from the front, I own the properties to the right of it, and the ground floor and basement of the unit in question.

The owner of the property on the other side owns the flat that goes over my property at first floor level, if that makes sense.

Basically, I am responsible for my own property; if there is a problem at ground floor or basement level then I would consider it my responsibility to sort it out. If, however, there is a problem- for instance- with the roof, then that is part of my neighbours property and I would consider it their responsibility.

I suppose there could be a problem if there was a leak in their roof that affected me abd they wouldn't remedy it- and that I would have to find a remedy through the civil court, although I would envisage that should be fairly straight forward.

Maybe someone is more technically qualified to comment though- I just speak from experience.
Old 30 January 2007, 11:07 AM
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lozgti
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Think of passageways between houses with part of next doors house/your house above your head when you walk down the passage.

If you see what I mean!
Old 30 January 2007, 11:22 AM
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richardg
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flying freeholds aren't something that would worry me. you should have a right of support in the title.
with semis and terraced houses, each owner generally owns half of the wall between them. they will both have a right of support from their neighbour
flying freeholds are becoming more common these days; flats over communal garages/parking are sometimes sold as flying freeholds
Old 30 January 2007, 01:26 PM
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Graz
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Thanks for the info so far, all useful. Keep it coming.

Having thought a bit more about it I'm guessing it's because the garage is essentially a roof attached between the outside wall of the property we're interested in and the outside wall of next door's house. Take away the house next door and you don't have a garage any more! I guess if the garage had it's own wall flush with next door then it would be a normal freehold?
Old 30 January 2007, 11:25 PM
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Originally Posted by Graz
I guess if the garage had it's own wall flush with next door then it would be a normal freehold?
probably
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