Creeping freehold

Mortgage Knowledge Base
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Some freehold tenure properties extend beyond what we would assume is the property boundary.

A creeping freehold, as opposed to a flying freehold, occurs below ground rather than in the air. For instance, a basement or cellar owned by one neighbour may protrude below the land owned by another neighbour.

A creeping freehold may affect the right of the neighbouring property owner to develop their land, or it may create issues with access or maintenance.

Mortgage lenders and solicitors typically treat creeping freeholds in the same way as flying freeholds. Obtaining flying freehold mortgage is not always straightforward because of the legal complications.

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