What is it? A flying freehold exists where a part of one property extends in or over a neighbouring property. This is fairly commonplace, for example - part of a bedroom of one house lies above a room of a neighbouring property or overhangs a pathway or alleyway running between two houses. Conveyancing Associate Helen Jones says, “The flying part of the freehold does not need to be in mid-air and may be over a part of adjoining properties freehold land, or over a common part.” One person’s property may be dependent on the neighbouring property for structure and support. Overhanging drainpipes and guttering do not fall into this category.
What happens if the neighbouring property falls into disrepair? There may be provision in the Deeds for this but if not there is some case law which would benefit owners. The Access to Neighbouring Land Act 1992 contains provisions which enable owners to go onto a neighbour’s land to carry out repairs to their own property. The Act does require a court access order to be obtained and the person carrying out the work would probably have to insure the other owner against any loss, injury or damage. Indemnity insurance is widely available for inadequate provisions in the title deeds to the property in respect of the following:
- Necessary rights of support, protection and entry for repair
- Scheme of covenants to ensure subsequent purchasers of the property and the adjoining dwelling enter into support, repair and maintenance covenants
- To regulate the insured liability with regard to the maintenance and repair of any structures supporting the flying freehold.
We have offices in the Christchurch, New Milton and the New Forest. Our Conveyancing team also cover Bournemouth and Poole. For a free initial chat, please call 01202 499255 and Helen or a member of her team will be happy to discuss any questions that you may have.