Posted on 18th November 2018
Ok, so potentially I may have made flying freeholds sound far more magical than they really are, but no one can understate the mystery that is a flying freehold.
To Property Lawyers throughout the UK and Mortgage Lenders the flying freehold is not dissimilar to Harry Potter and his friend Draco but we at MG Legal don’t need any magical spells or rancid potions to vanquish this foe.
What is a Flying Freehold:
Unfortunately; no one is teaching Conveyancers how to fly! Rather a flying freehold is a freehold that over hangs or under hangs another freehold such as a balcony that extends above a neighbour’s property or a room that levitates above a shared entrance.
Why are Flying Freeholds problematic?
Some Lenders will not grant a mortgage to properties where there is a flying freehold present
Some Lenders will take a discretionary view as to whether they are willing to lend
Some neighbours could be more difficult to deal with than a three headed dog with a penchant for singing and not be willing to allow you access to repair
An example: -
You own a flat which has a balcony. The balcony floor needs to be repaired. The Company repairing your balcony needs to put scaffolding up on the ground below the balcony before they can start working on the repairs. Your next-door neighbour won’t allow you to put the scaffolding up on their land and you have no automatic right of access to repair the balcony. If you let the balcony fall in to disrepair then the value of your property will decrease and thus affect your ability to mortgage the property.
You should note that Solicitors or Conveyancers are under a duty to disclose information, such as Flying Freeholds, to Mortgage Lenders. Information about what certain mortgage lenders will be satisfied with can be found within the Council of Mortgage Lenders Handbook.
Whilst we cannot provide any spells, incantations or magic potions; MG Legal can certainly work their magic when it comes to Flying Freeholds. With a common sense approach we know that often a Flying Freehold can be dealt with by way of an indemnity policy which should protect owners should there become an expensive dispute.
Unfortunately; we cannot work miracles, whilst an indemnity policy may protect you it will not remedy the defect in the title of the property.
If you have an issue with a flying freehold, you should seek specific advice from a Conveyancing Solicitor who will be able to examine the whole of the title of the property. Speak to one of our Conveyancing experts today on 01995 602 129 or to arrange to speak to a Solicitor in Lancaster email firstname.lastname@example.org.
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