Our Guide To Flying Freehold Properties
If you’re currently considering purchasing a property with a flying freehold, the first step to a smooth sale is ensuring you understand what this unique sector of real estate entails. Whether you’re a first-time buyer or a seasoned investor, keep reading for our complete guide to navigating the complexities of flying freehold properties.
What is Flying Freehold?
So what actually is the meaning of flying freehold? Simply put, it is a UK property law term that refers to a portion of a property which extends over or under another.
For example, in a townhouse, there might be a single room or one floor that extends over an adjacent building. While it might not seem like much of an issue, flying freeholds have the potential to complicate maintenance procedures and property rights, as the property owner may have to negotiate access for repairs and other legal processes.
Potential Flying Freehold Problems & Complexities
Maintenance & Repairs
Possibly the greatest challenge posed by flying freeholds is gaining access for maintenance and repairs issues. Property owners might need to enter a property in order to conduct necessary work, which requires clear agreements to be written up and consented to in order to minimise disputes and cause further problems down the line.
Insurance
With a flying freehold, insurance can prove slightly more complex. Many of the standard home insurance policies don’t cover the problems that flying freehold pose and the property owners on each side of the situation will need to ensure their individual insurance policies cover the intricacies of the combined circumstances. This can lead to difficulties obtaining coverage, possibly with higher fees involved.
Property Value
Flying freeholds have the potential to impact property value, as buyers may be wary of the complications involved when it comes to putting an offer down. Mortgage lenders may also be hesitant to finance these properties, complicating the ease of selling.
Flying Freehold Responsibilities
For any buyers or sellers wondering what the responsibilities entail with a flying freehold property, keep these areas in mind:
- Owners of flying freeholds must maintain the overhanging or underlying section of their property, which requires gaining access to the other property for any repairs that need doing.
- Clear agreements must be drawn up to ensure smooth and seamless cooperation and minimise the risk of disputes.
- Each property owner involved must ensure any work done complies with all property regulations and laws in the local area.
- Adequate insurance must also be in place in order to cover any potential risks with the maintenance work involved.
- All parties involved will have to maintain respect for everyone’s property rights, which can be formalised with covenants or legal agreements.
Flying Freehold Mortgages
With all the complications and risks involved with a flying freehold, obtaining a mortgage can prove slightly more complex than with a standard property agreement.
Obtaining a Loan
If you’re a buyer considering a flying freehold property investment, it’s important to note that lenders will tend to be more cautious when it comes to mortgages and deposits due to the potential legal and practical problems that these unique situations present.
Because of the potential for disputes over maintenance responsibilities and access rights, lenders will usually require a heavily detailed legal agreement which outlines all these details in order to mitigate these risks. These agreements must clearly define which party is responsible for what, providing a framework for resolving any potential disagreements down the line. Without a legal agreement like this, securing a mortgage may prove challenging.
This also brings with it the potential for higher fees or deposits up-front, or else more complex terms involved than with a traditional property lease.
Why You Need an Experienced Solicitor
With a flying freehold, the need for an experienced solicitor to step in and offer their expertise can’t be overstated. As there is so much complexity involved regarding legal agreements and considerations, professional support is necessary in order to navigate these areas with confidence and ensure a fair outcome for every party involved.
A professional solicitor will be able to address any potential disputes with a crucial legal eye, with expert advice available to bolster you throughout the buying process and safeguard your property investment. Knowledge of the local property law is even more crucial with a flying freehold, as there are so many more intricacies and complications at play in this unique sector of the market.
Should I Buy a House With Flying Freehold?
If you’re a potential buyer on the fence about going for a flying freehold property, keep in mind that while there are certain complications posed by these buildings, there are lots of positive aspects to consider also, such as the lower purchase prices and unique architectural features.
Found yourself faced with the flying freehold of your dreams? All you have to do is make sure you have sound, legally binding agreements set in place that clearly outline everything and anything to do with maintenance and access responsibilities. Engage a seasoned solicitor, and ensure a smooth and seamless transaction with the support of their expertise – professional guidance is the key to navigating the complexities of these distinct properties.
Looking for some extra support with a flying freehold? Or are you on the hunt for your perfect property? Whatever it is you need, our expert team of professional lettings and estate agents is here to help. Our crucial knowledge of the local property market and combined years of experience in real estate means we’re fully equipped to guide you every step of the way. Get in touch today to find out more about how we can help you in your property journey.
