March 1, 2023

Flying freehold- what you need to know

This post was written by: Laaibah Bhatti

What is a flying freehold?

A flying freehold is a freehold property that overlaps another either above or below it. You can find them across the UK, usually in older properties, since most freehold boundaries are divided vertically.

What are some examples of flying freehold?

  • Balconies that extend over someone else’s land
  • Properties supported by other properties because they are built on a steep hill
  • Upper – level bedrooms extending over a shared archway

Is a flying freehold a problem?

Issues generally arise when a flying freehold property requires repair and there is a need for access to the adjoining property which is not contained in the title deeds.

Do I need a flying freehold indemnity insurance?

Flying freehold indemnity insurance will provide cover for the inability to force your neighbour to repair for the support and protection of your property. This includes where the adjoining premises are uninsured or inadequately insured. In many cases, this type of insurance policy is recognised as providing adequate cover for a mortgage lender’s interest. Thus, they are more likely to grant a mortgage on a flying freehold when indemnity insurance has been put in place. 

Can I get a mortgage on a flying freehold?

Yes. It is possible for you to get a mortgage on a flying freehold. However mortgage lenders view flying freeholds differently. While some may rule out lending on a flying freehold entirely, others may lend so long as there is a suitable indemnity insurance policy.

For more information feel free to contact our residential property solicitor Kulbir Conner who will be able to help you through the process. or 01753 486777