What is a flying freehold and should I buy one?
If you've never heard of a flying freehold property, then you're not alone – unless you've lived in one or tried to buy one, it's a term you're unlikely to ever have come across.
A flying freehold is one of the quirkier features of property law. 'When part of a house extends over or underneath a neighbour's house, this means that the 'flying' part of the property isn't owned by the land underneath it. The properties fit together more like a jigsaw, rather than just being sliced down the middle from top to bottom,' explained Rebecca Maeers, head of residential property at law firm Freeths.
One of the of the most common types is where there's a shared passageway down the centre of a row of period terrace homes that everyone uses to get to their back gardens.
The neighbour on the right, for example, could own the land which the passageway runs down, while the neighbour on the left has an upstairs bedroom that 'flies' above the passageway joining the house next door, or vice-versa.
Other examples include where neighbouring freehold properties overhang each other – for instance, one neighbour's upstairs bedroom goes slightly above next door's kitchen, or a bay window overhangs a neighbour's driveway.
Another form of flying freehold is called a 'creeping freehold'. This is where a freehold property extends underneath the neighbour's home usually in the form of a basement or cellar.
Here, Telegraph Money explains the legal implications of flying freehold, and what it means for your mortgage.
Who owns the land under a flying freehold?
Problems with flying freeholds
Legal implications
Mortgage for a flying freehold
Flying freehold insurance
Should I buy a property with flying freehold?
Who owns the land under a flying freehold?
Both property owners are freeholders. There is no leaseholder/freeholder relationship where there is a flying freehold present.
Who owns the land depends entirely on the circumstances of the properties, but in most cases, it is usually your neighbour, the owner of the adjoining property.
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