Flying Freehold

In the UK property market, a flying freehold refers to a situation where part of a freehold property extends above or below another property that is separately owned. This typically occurs in older buildings where properties have been divided over time, leading to scenarios such as a room or extension of one property overhanging or underlapping another.

Flying freeholds can create unique challenges, particularly in terms of property maintenance, access, and legal responsibilities. For example, if part of a building overhangs another, there may be complications in carrying out repairs or addressing structural issues, as both properties could be affected. Additionally, obtaining a mortgage on a property with a flying freehold can sometimes be more difficult, as lenders may view it as a higher risk due to the potential for disputes between property owners.

Despite these challenges, flying freeholds are not uncommon, and with proper legal advice and thorough due diligence, they can be managed effectively. Buyers should ensure that any flying freehold arrangement is clearly documented and that appropriate legal agreements are in place to address maintenance and access rights.

Flying freeholds present a unique aspect of property ownership in the UK, offering both challenges and opportunities. While they can complicate property transactions, understanding the legal and practical implications can help buyers and sellers navigate these complexities successfully. Proper due diligence, legal advice, and clear agreements are key to managing a property with a flying freehold effectively.