What is a Flying Freehold?

— 29 Oct 2020, 09:52:08 by Jack Peacock

Ask our experts v4

Unsurprisingly, Flying Freeholds are not properties with wings, but instead arise where a freehold overhangs or underlies another freehold.
An example of this, which our Chartered Surveyors have come across in Brighton, is where a basement of one property runs beneath the ground floor of the adjoining property.

A more common example is where a shared passageway between two adjoining properties is overflown at first floor by one of, or both, properties. Where is the freehold boundary between the two properties? Is it different at first floor level? What happens if a defect arises, such as a leaking roof over the flying freehold part of the property? Where does the responsibility lie? These are all questions which should be flagged up to a solicitor to investigate further.

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