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What is a flying freehold and why can it cause problems?


A flying freehold is where part of a freehold property extends over or under  another person’s freehold land, without being supported or enclosed by its own structure.

Examples include:

  • A room or extension built above a shared passageway
  • A first-floor flat that sits partly over a neighbour’s garage
  • A building with a vault or basement that runs under a neighbour’s garden or structure

Flying freeholds are legal — and relatively common in older or converted properties — but they can raise legal and mortgage difficulties if not properly documented.

WHY IS IT A PROBLEM?

Flying freeholds create complex legal relationships between neighbours. Because one property relies on another for support or access, problems can occur if:

  • There’s no legal right to enter the neighbouring land to carry out repairs
  • The neighbour refuses to give access or does not maintain their section
  • The structure underneath is altered or damaged, affecting your part of the property

Without clear legal rights, your ability to repair or maintain your part of the property could be restricted — and disputes can arise.

WILL LENDERS ACCEPT A FLYING FREEHOLD?

Some lenders are cautious or refuse to lend on properties with flying freeholds. Others may require:

  • A flying freehold indemnity policy (which we can arrange)
  • Confirmation of adequate rights of support, shelter and access
  • Evidence that the flying part is less than 25% of the total property
  • A Deed of Mutual Covenant between the owners (uncommon, but ideal)

If these protections are not in place, mortgage applications may be delayed, down-valued,
or declined entirely.

CAN IT BE FIXED?

Not always — flying freeholds often date back decades or centuries. However, we can:

  • Check if rights of support, access and repair are granted in the title deeds
  • Advise on the use of indemnity insurance
  • Attempt to negotiate or register new legal rights, where necessary

SUMMARY

A flying freehold isn’t a dealbreaker — but it’s a legal grey area that can make repairs difficult and deter lenders. At Versus Law, we review these issues thoroughly and advise whether indemnity cover, legal agreements, or alternative solutions are needed before you buy at auction.