Flying Freeholds: What They Are and What Buyers Should Know

Most property buyers have never heard of a flying freehold until it appears during the conveyancing process.

While the term may sound concerning, flying freeholds are relatively common, particularly in older properties and can usually be managed with the right legal advice.

What Is a Flying Freehold?

A flying freehold arises where part of a property extends over or beneath land owned by a neighbour, without a lease governing the arrangement. In simple terms, part of the property “flies” over or under land belonging to someone else.

Common examples include:

• A room built over a shared passageway
• A bedroom above a neighbour’s garage
• A basement extending beneath the adjoining property
• Older terraced houses built at staggered levels

These arrangements are most often found in Victorian or Georgian properties constructed before modern title arrangements existed.

Why Can Flying Freeholds Cause Issues?

The concern is usually not the physical structure, but the legal rights attached to it. Unless clearly stated in the title deeds, an owner may not have:

• A legal right of structural support
• Rights of access to carry out repairs or maintenance
• Protection if neighbouring works affect the property

Without these rights, resolving disputes or carrying out repairs can become difficult and costly.

Mortgage Lenders’ Approach

Mortgage lenders often treat flying freeholds cautiously. Many will lend only where:

• The flying element forms a small proportion of the property (often 15–20% or less)
• Adequate legal rights are documented in the title
• Flying freehold indemnity insurance is in place
• The conveyancer confirms the arrangement is acceptable

Identifying a flying freehold early helps avoid delays or mortgage complications later in the transaction.

Impact on Future Sales

A flying freehold does not automatically prevent a sale, but unresolved issues may affect future buyers or lenders. Addressing matters properly during purchase helps protect long-term value and marketability.

How Can We Help?

Flying freeholds are not uncommon and need not derail a transaction. With early identification, clear advice, and appropriate safeguards, purchases involving flying freeholds can proceed smoothly and with confidence.

At Wilson Browne Solicitors, our experienced Commercial Property Team are here to help and advice you to ensure your legal rights are protected.

Call today on 0800 088 6004 – the first call is free!