FLYING FREEHOLDS: WHAT HOMEOWNERS & BUYERS NEED TO KNOW

Flying freeholds are one of those quirky features in property law that sound more dramatic than they are, but they can cause real complications if not handled properly. Essentially, a flying freehold is where part of your freehold property physically overhangs or lies beneath someone else’s land. It is more common than people think, and it tends to crop up in older properties, especially in areas with narrow passageways or close-set buildings.

There are a few classic examples we see all the time. A room might jut out over a shared alleyway. A section of guttering might hang slightly over a neighbour’s fence. Bay windows extending over next door’s driveway are another example. In some older terraced houses, you will often find a bedroom or bathroom extending above a communal passageway at ground level. These are all flying freeholds and they often go unnoticed until a buyer’s solicitor spots them during the conveyancing process.

At first glance, it might not seem like much to worry about. But issues can creep in when something goes wrong. Take guttering, for example. If it becomes damaged or starts leaking, and water drips onto your neighbour’s land, tensions can arise. They might be perfectly reasonable about it, or they might not. Either way, if you are the one responsible for repairs, you could need to access your neighbour’s property to fix the problem and that is where the legal side becomes important.

The real challenge lies in the rights of support and access. Many flying freeholds do not come with formal rights written into the title deeds. That means you technically do not have the legal right to access the part of your property that overhangs someone else’s land, or to enter their land to carry out necessary repairs. That might not be a problem until you need scaffolding or workmen to get in and you find you don’t have permission.

When we are acting on a purchase and we identify a flying freehold, one of the first things we check is whether the title contains adequate rights of support and access. If not, we will typically recommend taking out an indemnity insurance policy. However, it is important to understand that this does not grant you those rights, it just protects you financially if a dispute arises or if your neighbour refuses access. It is a workaround, not a solution.

Another complication is mortgage lending. Some lenders are cautious around flying freeholds, especially if the title lacks the necessary rights or if the area affected is significant. A few lenders will not lend at all on properties with flying freeholds, while others may impose conditions such as requiring indemnity cover, or only lending if the flying section is below a certain percentage of the property footprint.

That is why it is so important to flag these issues early, whether you are buying or selling. For buyers, it’s about making sure your solicitor checks the title thoroughly and gets the right protections in place. For sellers, it is always worth being upfront about any flying freehold elements so you can avoid any delays or derailments to the sale later on.

Flying freeholds are far from a deal-breaker but they do need careful handling. With the right advice and the right checks during the conveyancing process, they can usually be managed without too much fuss.