Author: numan
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.
When will I receive the title deeds and proof of ownership?
Today, most properties are registered land — ownership is recorded digitally at HM Land Registry, not with traditional paper deeds. After completion, your solicitor will register your name as owner.
What you’ll receive
- Title Register (showing you as legal owner)
- Title Plan (boundary map)
- TR1 Transfer Deed
How long it takes
- Registered properties: 4–8 weeks
- Unregistered land: Up to 6+ months
- New builds or part transfers may take longer
Summary
You won’t receive paper “title deeds,” but once registration is complete, you’ll get official confirmation from Land Registry. Versus Law handles the entire process and notifies you when it’s done.
How can I get help if something goes wrong after completion?
Even once you’ve completed your auction purchase, issues can arise — from title defects and service charge disputes to unauthorised occupants or registration delays.
Common post-completion issues
- Tenants or squatters remaining in the property
- Unpaid service charges or ground rent inherited unknowingly
- Title issues (e.g. missing access rights, unregistered land)
- Boundary or neighbour disputes
- Registration problems or Land Registry delays
How Versus Law can help
- Review your legal position and advise your options
- Liaise with sellers, solicitors, managing agents, or Land Registry
- Resolve title and leasehold issues
- Refer you to litigation or landlord-tenant specialists
Summary
Post-completion support matters. At Versus Law, we continue to assist even after your purchase is complete — helping you protect your investment if complications arise.
Do I need to update my will or set up a trust after buying?
Buying a property is a major life event — and it’s a good opportunity to review your estate planning. If you die without a valid will, the property may not pass to the people you intend.
Why make or update your will?
- Ensure the property passes to your chosen beneficiaries.
- Specify how jointly owned property should be handled.
- Appoint executors to manage your estate efficiently.
- Minimise inheritance tax and probate delays.
Should I use a trust?
In some cases, it may be useful to:
- Hold the property in a family trust
- Ring-fence it from business or creditor risk
- Reduce inheritance tax exposure
This should be discussed with a solicitor or financial adviser before making changes.
Summary
If you’ve bought a property at auction, it’s a smart time to review your will and consider your long-term plans. Versus Law offers will-writing and trust advice tailored to your goals and property structure.
Can I let the property out straight after completion?
In many cases, yes — you can rent out your auction property after completion. However, you must check that there are no legal, planning, or lender-related restrictions that prevent or limit how you can use the property. Letting a property without understanding the rules could lead to fines, enforcement action, or breach of mortgage terms — so it’s important to confirm your position before marketing or accepting tenants.
WHAT SHOULD I CHECK FIRST?
YOUR MORTGAGE CONDITIONS
- Most residential mortgage offers prohibit letting unless you have Buy-to-Let approval.
- Letting a property on a standard residential mortgage may breach your terms and result in early repayment demands.
- If you are using bridging finance, some lenders also impose restrictions until the property is refinanced.
PLANNING PERMISSION AND USE CLASS
- Certain types of lettings (e.g. HMOs or short-term/Airbnb-style rentals) may require planning consent or a licence.
- Some properties have planning conditions that restrict use to a private dwelling only.
LEASEHOLD RESTRICTIONS
- If your property is leasehold (e.g. a flat), the lease may include a “no subletting” clause or limit letting to ASTs (Assured Shorthold Tenancies).
- You may also need freeholder or managing agent consent before renting.
INSURANCE COVER
- Not all policies cover tenanted properties.
- If you let the property without notifying your insurer, you may invalidate your cover.
WHAT LEGAL DOCUMENTS DO I NEED?
If you’re planning to let the property, you’ll typically need:
- A tenancy agreement (usually an AST for residential lets)
- A valid Gas Safety Certificate (if applicable) EPC (Energy Performance Certificate) — minimum rating of E for most lettings
- Electrical Installation Condition Report (EICR)
- If in England, evidence of Right to Rent checks
We can assist you with tenancy documents or refer you to our landlord and lettings specialists if needed.
SUMMARY
Letting your auction property is often a key part of your investment strategy — but don’t assume you can do so automatically. Mortgage, lease, planning, and insurance rules can all affect your
ability to rent. At Versus Law, we’ll help you check for restrictions and set up your property legally and securely
Will the property be empty when I buy it?
Not necessarily. Just because a property is “vacant” doesn’t mean it will be physically empty — and unless the legal pack promises vacant possession and clearance, you may inherit a property full of contents or even with someone still in occupation.
Key differences
- Vacant possession: No people and no belongings — full control passes to the buyer.
- Physical vacancy: The seller has moved out, but items may remain (e.g. furniture, junk).
- Subject to occupation: There is a tenant, squatter, or licensee with some legal or physical presence.
Check the contract
- Does the Special Conditions of Sale promise vacant possession?
- Is the property tenanted, or sold with “no warranties as to possession”?
If unsure, your solicitor can advise before bidding.
Summary
At auction, do not assume the property will be clear unless this is guaranteed. If clearance or eviction is needed, you may be responsible — so always read the legal pack and inspect the property first where possible.
Will I get the keys on completion?
In most auction purchases, you will receive the keys to the property on the day of legal completion — but this depends on how access is arranged and the terms in the auction contract.
Where do I get them from?
- If the seller has instructed an estate agent or auctioneer with a local office, they may hold the keys.
- If the seller’s solicitor is managing the handover, keys may be released from their office (by appointment).
- If the property is boarded up or vacant, the buyer may need to collect them from a secure box or arrange re-keying.
- If the property is tenanted or occupied, you may not receive keys until the occupier vacates.
What if no keys are provided?
Some auction contracts specifically state that keys will not be provided — especially for repossession, probate, or properties being sold “as is”. In these cases, the buyer is expected to gain access themselves after completion, lawfully and safely.
Summary
You will usually receive the keys on the day of completion, but it is not guaranteed. Always check the legal pack or ask the solicitor beforehand to confirm key arrangements. At Versus Law, we always try to secure key release in advance or advise on your options where this is not possible.
What is a restrictive covenant and how can it affect me?
A restrictive covenant is a legal promise written into a property’s title that limits what the owner can do with the land or buildings. These covenants “run with the land,” meaning they bind future owners — including you, if you purchase the property at auction.
Restrictive covenants can seriously affect how you use or develop the property, and breaching them can lead to legal action, including court-ordered reinstatement or financial compensation.
What does a restrictive covenant do?
It may prohibit:
- Building on part of the land (e.g. no extensions, no second dwelling)
- Using the property for certain purposes (e.g. no business or Airbnb use)
- Making structural alterations without consent
- Parking certain vehicles (e.g. caravans, commercial vans)
- Keeping animals or running a trade
- Creating nuisance (e.g. noise, smell, overcrowding)
How will I know if a property has one?
Restrictive covenants will be shown on the official copy of the Title Register. Sometimes they’re set out in full — other times they’re referred to in older deeds that must be read alongside the title. Auction packs may include only partial information.
Check:
- The Title Register and Title Plan
- The legal pack for any referred deeds or covenants
- With your solicitor if anything is unclear — we can interpret and advise
Can they be removed?
- Some restrictive covenants can be removed or varied by agreement with the person who benefits — often the original developer, neighbouring landowner, or residents’ association.
- In other cases, you may apply to the Upper Tribunal (Lands Chamber) to have a covenant discharged — but this is a lengthy and uncertain legal process.
- We can advise on whether this is realistic based on your circumstances.
Summary
Restrictive covenants can limit what you can do with a property and may lead to costly legal disputes if ignored. At Versus Law, we always review the Title Register and covenants before auction — and flag any issues that could affect your plans.
What is a legal indemnity policy and when would I need one?
A legal indemnity policy is a type of insurance that protects you — and sometimes your lender — against specific legal risks affecting a property. These policies are commonly used in auction purchases, where there is no time to fix legal issues before completion, and the buyer agrees to take the property “as is”.
Rather than resolving a legal defect (which may take months or involve third parties), an indemnity policy provides financial protection if the issue causes a loss in future.
What does a legal indemnity policy cover?
- Lack of building regulations approval for past works
- No planning permission for extensions, conversions, or alterations
- Missing title deeds in unregistered land
- Access rights not properly documented
- Restrictive covenant breaches (e.g. building without consent)
- Absence of easements for services or drainage
- Chancel repair liability (an old obligation to contribute to church repairs)
The policy won’t fix the legal defect, but it will cover you for financial loss or legal costs if someone enforces the issue in future.
When would I need one?
Legal indemnity policies are used when:
- The issue can’t be resolved before completion
- The seller refuses to remedy the problem
- The buyer is willing to proceed, but only with risk protection
- The lender insists on it as a condition of mortgage release
In auction purchases, indemnity insurance is often the only practical solution to meet strict deadlines.
How much does it cost?
Most indemnity policies are one-off premiums, typically between £20 and £500, depending on the type of cover and property value. The policy usually lasts indefinitely and may be transferable on resale.
Either the seller or buyer can pay, depending on negotiation — in auctions, it’s usually the buyer.
What does it not cover?
- Defects you caused yourself
- Risks you were aware of but failed to disclose
- Physical defects or poor workmanship
- Costs of bringing a property up to modern standards
It is a passive protection, not a solution — and does not replace due diligence.
Summary
Legal indemnity insurance is a useful tool in auction transactions where legal issues can’t be resolved before completion. It allows you to proceed safely without delay — knowing you’re protected if the issue ever becomes a problem. At Versus Law, we regularly arrange tailored indemnity cover to help clients complete securely and on time.
What is a restrictive covenant and how can it affect me?
A restrictive covenant is a legal promise written into a property’s title that limits what the owner can do with the land or buildings. These covenants “run with the land,” meaning they bind future owners — including you, if you purchase the property at auction.
Restrictive covenants can seriously affect how you use or develop the property, and breaching them can lead to legal action, including court-ordered reinstatement or financial compensation.
What does a restrictive covenant do?
It may prohibit:
- Building on part of the land (e.g. no extensions, no second dwelling)
- Using the property for certain purposes (e.g. no business or Airbnb use)
- Making structural alterations without consent
- Parking certain vehicles (e.g. caravans, commercial vans)
- Keeping animals or running a trade
- Creating nuisance (e.g. noise, smell, overcrowding)
What do I do if the seller promised vacant possession but someone is still in the property?
If you’ve bought a property at auction on the basis that vacant possession would be given on completion — but find that someone is still occupying it, this can be a serious issue. It could be a former owner, a tenant, a squatter, or someone else claiming a right to remain.
In such cases, it’s essential to act quickly, carefully, and legally — because the presence of an occupier could delay your plans, restrict access, or even expose you to legal risk.
What is “vacant possession”?
Vacant possession means the property will be:
- Physically empty (no occupants)
- Legally unoccupied (no one has a continuing right to remain)
This is usually promised in the Special Conditions of Sale or contract summary in the auction legal pack.
Who might be in the property?
You may find the property is still occupied by:
- A former owner who has not moved out
- A tenant or licensee with a valid or expired agreement
- A family member or other person with a legal or informal right to remain
- A squatter or unlawful occupant who has entered after exchange
Each situation requires a different legal response — and until resolved, you may not be able to let, renovate, or sell the property.
What are your legal options?
If the seller promised vacant possession and failed to deliver, this is a breach of contract.
- You may be entitled to compensation, a retention, or in some cases, refuse to complete (though this is rare in practice).
- If someone is in occupation without a legal right, you can apply to court for a possession order under Part 55 of the Civil Procedure Rules.
- This process typically takes 4–6 weeks, or longer if defended.
- Once a possession order is granted, you may apply to transfer it to the High Court for faster eviction — especially if the occupant is trespassing.
- If the occupant is a tenant or licensee, their rights must be considered. You may need to serve notice (e.g. Section 21 or Section 8) before possession is granted.
Can Versus Law help?
Yes — we work with litigation and eviction specialists who can:
- Review your contract and advise on remedies
- Serve legal notices and issue possession claims
- Represent you in court and instruct bailiffs
- Negotiate with occupiers where appropriate
If the auction seller misled you, we may also be able to pursue legal redress on your behalf.
- Review the auction contract
- Issue possession proceedings
- Use High Court enforcement
- Check if an agreement exists
Summary
If you’ve bought a property with vacant possession promised — but someone is still inside — you need to act quickly. Whether it’s a tenant, squatter, or previous owner, we can help you navigate the legal steps to regain control. At Versus Law, we combine auction expertise with litigation support to help you resolve occupancy problems efficiently and lawfully.