If you’re browsing homes and come across the term flying freehold, you’re not alone in wondering what that actually means. Flying freehold is a very real (and sometimes complicated) type of property ownership in the UK.
While flying freeholds aren’t uncommon, especially in older terraced and converted properties, they do come with a few quirks worth knowing. In this guide, we’ll walk you through what a flying freehold is, potential risks or benefits of buying one, and what to expect if you’re applying for a mortgage.
Flying freehold meaning: What is it?
A flying freehold occurs when part of your property extends over or under a part of your neighbour’s property, but you still own it outright. The most common examples are rooms that extend over shared passageways or upper floors that hang over a neighbouring building.
This means that while you own the structure that’s “flying,” the land beneath or around it isn’t necessarily part of your title. In practical terms, this can raise questions about access and maintenance responsibilities.
Flying freehold over shared passageways
You’ll often find flying freeholds in period terraces or semi-detached homes where the upper floor extends over a shared alley or access path. For example, if your bathroom sits above a passage that both you and your neighbour use, and only you own the room above, that’s a flying freehold.
These designs were popular in the past to maximise space, especially in tightly packed streets. They’re still desirable today for their charm and character, but they do call for a bit of due diligence.
Flying freeholds are a unique form of property ownership, and like any property feature, they come with a few points to check during the buying process. One of the key considerations is access for repairs and maintenance. If part of your home extends over neighbouring land, it’s important to ensure there’s a clear right to enter that land if needed for future upkeep.
This doesn’t present a problem in most cases, especially when proper agreements are in place. However, it’s something your solicitor will review carefully, looking for documented access rights and any reciprocal arrangements with the neighbouring property.
It’s also a good idea to review the flying freehold land registry title to clarify boundaries, ownership details, and any supporting legal documentation. These checks help ensure peace of mind before you commit to the purchase.
Related: What is the difference between conveyancers, solicitors and surveyors?
Flying freehold considerations to be aware of
While flying freeholds are perfectly legal and not uncommon, there are a few practical aspects worth discussing early on in the buying process:
- Access for maintenance: In some cases, you may need to cross or use a neighbouring property to carry out repairs on your own home. Your solicitor will check whether appropriate access rights are included in the title deeds.
- Shared structural support: If part of your property is supported by a neighbouring structure, such as a wall, it’s helpful to have a formal agreement in place for maintenance responsibilities, to avoid confusion later on.
- Buildings insurance coordination: When two connected properties are insured separately, any damage that affects both might require cooperation between different insurers. This is usually manageable but worth flagging in advance.
- Mortgage approval: Most lenders are open to flying freeholds, especially where the overhanging portion is small. That said, some may request extra documentation or a legal indemnity policy as part of their standard checks.
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What is flying freehold indemnity insurance?
To help manage the potential risks involved with flying freeholds, conveyancers often recommend taking out a flying freehold indemnity insurance policy. This is a one-time insurance product designed to offer protection in case legal disputes arise, such as access issues for maintenance or unclear rights of support from neighbouring structures.
While this type of insurance doesn’t resolve any underlying title gaps, it can provide peace of mind for both buyers and lenders during the purchase process.
The cost of a flying freehold indemnity policy can vary depending on the value of the property, lender requirements, and the insurer chosen. As a general guide, premiums typically fall within a range of £100 to £300 as a one-off payment, though this may differ in some cases.
It’s always best to consult your solicitor or conveyancer, who can advise on whether this insurance is needed and help you secure the most appropriate policy for your situation.
Can I get a mortgage on a flying freehold?
In most cases, yes. Mortgage lenders typically evaluate how much of the property is affected. If it’s a minor section, like a single room, they may proceed if access rights and agreements are clear.
Some lenders do request extra conditions such as:
- Reciprocal maintenance agreements with neighbours.
- Full access rights in writing.
- Flying freehold indemnity insurance as a prerequisite.
Your solicitor and mortgage broker will be able to advise on how best to proceed if your chosen property includes a flying freehold element.
Related: Why brokers are more important now than ever
Pros and cons of buying a flying freehold
Pros:
- Often found in characterful period properties.
- Typically, well-priced due to their perceived complexity.
- Maximised internal space with clever architectural layouts.
Cons:
- Slightly more complex conveyancing process.
- Legal access and structural rights may not be well documented.
- Some lenders may be hesitant or impose stricter conditions.
What’s the difference between flying freehold and floating freehold?
A quick side note: floating freehold is sometimes confused with flying freehold, but it’s a different concept. A floating freehold generally refers to a freehold that doesn’t sit directly on any land – for example, a flat above commercial premises without clear access or ground rights.
Floating freeholds can be even more complicated in terms of securing lending and managing responsibilities, so make sure your solicitor clarifies which applies in your case.
Should I buy a flying freehold property?
Flying freeholds shouldn’t be a dealbreaker, especially if you’ve found a home that ticks all your boxes. The key is understanding the situation and being proactive during the legal process.
Here’s a simple checklist to follow:
- Get a full title check from your solicitor.
- Request details of access and maintenance rights.
- Speak to your lender early if you’re applying for a mortgage.
- Ensure flying freehold indemnity insurance is in place.
With the right support and documentation, you can go ahead with confidence.
Thinking of buying your next home and unsure about flying freeholds? Our team at Parkers is always happy to help explain the finer details of your property search.
Whether you’re upsizing, downsizing or buying for the first time, we’re here to make your journey smoother, contact your local Parkers Estate Agents today.
