• Selling House With Flying Freehold

    By Guest on 22nd Sep 2016

    Dear sir/madam.
    We have been looking to sell our house and everything was going well until yesterday when we was suddenly told the value of our house is no where near what we was originally told due to a 'flying freehold' (the bedroom is over the top of next doors alleyway to their garden, it is 3 terraced house, we are the end). We have since looked for information on this problem. We have ordered deeds to see where the boundry lies.
    I am hoping you could help me with information regarding
    A) what to do if it is within our boundry or next doors
    B) is it worth getting an indemnity policy
    C) if our neighbours already have an indemntiy policy that covers it do we still need on
    D) do we even have anything to argue against the estare agents with or do we have to accept their judgment?

    Thank you in advance
    Phil dale

  • 1 Answers

    By Guest on 26/11/2016

    Flying freeholds and pretty common in terraced properties with ground level alleyways and would not normally have any effect on the value. Essentially, you own the airspace which contains the part of your bedroom in question but not the airspace above or below. The deeds of your property ought to contain rights of support for your benefit from the adjoining property, a right to access the adjoining property to repair your own and there ought to be a "scheme of enforceable covenants" so that each new owner of the adjoining property has to covenant with you to maintain and repair his/her property and each new owner of tour property has to covenant with the adjoining owner in similar terms. In practice these "mutually enforceable covenants" are rarely present so you should offer the buyer indemnity insurance which will generally be accepted. The cost might be around £100. If your neighbour already has insurance it doesn't mean you don't need it.

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