A flying freehold is a term used in property law to describe a type of property where a portion of the building overhangs or extends over an adjoining property or land. This can occur in a variety of situations, such as where a balcony or part of a room extends over a neighbour’s land, or where a property is built on a slope or hill and the structure extends over a lower property.
The term “flying” is used because the portion of the property in question appears to be “flying” or suspended in the air above the adjacent land.
In some cases, a flying freehold can create legal complications and difficulties for property owners, as it can affect the rights of neighbouring property owners and may require special agreements or arrangements to ensure that both parties’ interests are protected. For example, a flying freehold may affect the right of the neighbouring property owner to develop their land, or it may create issues with access or maintenance.
It is important for property owners to be aware of any potential flying freehold issues when buying or selling a property, and to seek legal advice about the tenure if there are any concerns. In some cases, it may be possible to resolve the issue through negotiation or legal action, but this can be a complex and time-consuming process.
There is a counterpart situation called a creeping freehold where similar issues arise. A creeping freehold is where, for example a basement or cellar belonging to one freehold underlies a different freehold at ground level. Works may be impossible without the consent of the freeholder above if any works could affect it, or need access to it.
Not all lenders will be happy offering a flying freehold mortgage so some due diligence early on would save time and money.
