Should I Buy a House with Flying Freehold

Should I Buy a House with Flying Freehold?

When you are buying a property, legal terms can often feel confusing or overwhelming. One such phrase that can cause hesitation is “flying freehold”. It is a term that many buyers have not heard before until it appears on a solicitor’s report, yet it can have important implications for ownership, responsibility and mortgage approval. While flying freeholds are not uncommon in certain types of older properties, they do come with legal complexities that need to be carefully understood before you proceed.

This article will explain exactly what a flying freehold is, how it affects ownership rights, and what practical steps you should take if the home you want to buy includes one. It also looks at how lenders approach flying freeholds, what risks you need to consider, and whether these types of property are still a sound investment in the UK housing market.

What Is a Flying Freehold?

A flying freehold exists where a part of a freehold property extends over or under another person’s freehold land. This typically means a room, balcony or part of the upper floor of your property physically projects into or above a neighbouring structure, yet you own it as part of your freehold.

Common examples include houses built into hillsides where one property sits above another, rooms that overhang passageways or alleys, and converted Georgian or Victorian terraces where staircases or first floor rooms were built across boundary lines. These arrangements often date back hundreds of years when building practices were less regulated and party wall agreements were more informal.

While this type of structure does not mean you share ownership of the overlapping section, it does introduce potential complications regarding maintenance, access and legal responsibility.

Why Flying Freeholds Can Cause Problems

The main concern with flying freeholds lies in how the overlapping parts of the buildings are maintained. If your property relies on support from a structure owned by someone else, you may need access to their land to carry out repairs. In most cases, the deeds should include mutual rights of access and obligations for upkeep, but this is not always guaranteed.

If proper legal agreements are missing, you may find yourself unable to make essential repairs or forced to negotiate access with an uncooperative neighbour. The reverse can also happen, where your neighbour’s property relies on a part of your building, but they have no legal right to inspect or maintain it.

Lenders view these uncertainties with caution, which can affect your ability to secure a mortgage. Not all lenders accept flying freeholds, and those who do will typically require additional legal documentation or indemnity insurance to protect their interest in the property.

Do Mortgage Lenders Accept Flying Freeholds?

Some lenders will consider a mortgage application on a property with a flying freehold, but many apply strict conditions. The proportion of the property affected must usually be small, generally less than twenty percent of the total area. They will also want to see clear legal rights of access and evidence of shared responsibility for repairs where the structure overlaps.

Your solicitor will be expected to carry out detailed investigations to ensure there are no unresolved disputes or ambiguities in the title. If these cannot be resolved, the lender may reduce the amount they are willing to lend or reject the application entirely.

In cases where the legal position is unclear but the property is otherwise sound, indemnity insurance may be arranged to protect against future claims or access issues. This is a common workaround, although it does not solve practical problems, such as carrying out structural repairs on parts of the building you cannot legally access.

What Should You Check Before Buying?

If you are interested in a house with a flying freehold, you should instruct your solicitor to review the title deeds and any historical documents in detail. Look for clear rights of support, access and maintenance written into the legal title. These rights should apply both to your benefit and to the neighbouring property if necessary.

Ask whether any disputes have taken place involving previous owners. A flying freehold itself is not a problem when well managed, but if it has led to disagreements over repairs or access in the past, this could signal trouble ahead.

You should also ensure your buildings insurance will cover the entire structure, including the flying element, and that the insurer is aware of the arrangement. Not all policies automatically include this, and you may need to find a specialist provider.

It is also wise to have a full structural survey carried out to check the condition of the overhanging part of the building and whether any repairs are likely to be needed. If work is required and you do not have proper access rights, you may be left with costly and difficult repairs.

Is It Still a Good Investment?

Despite their quirks, properties with flying freeholds can still make excellent homes and solid investments. They are often found in desirable period buildings or in tightly packed urban areas where character and location outweigh unusual legal arrangements. With the correct legal protections in place, and provided the lender is satisfied, there is no reason why a flying freehold should prevent you from buying the home you want.

However, these properties are not suitable for every buyer. If you are risk averse, planning major renovations, or concerned about future resale value, you may prefer a more straightforward freehold arrangement. Some buyers are put off by complex title structures, which could reduce your market when you come to sell.

In most cases, the key is to approach the purchase with open eyes, thorough legal support and clear communication with your solicitor and surveyor.

Can You Remedy a Flying Freehold?

In some situations, it is possible to regularise or eliminate a flying freehold by entering into a deed of mutual covenant with the neighbouring property owner. This formalises the rights and responsibilities for maintenance and access, and can help satisfy lenders. It is particularly useful when both properties are being sold or updated at the same time, or where the owners have a good relationship.

However, such deeds require cooperation from the other party and often involve legal costs. If the other owner is unwilling or absent, it may not be possible to update the arrangements, in which case indemnity insurance may be your only option.

Your solicitor will advise whether it is worth pursuing a deed of covenant or whether the current legal position is already satisfactory.