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    By Guest on 19th Aug 2014

    I live in a Victorian conversion flat on the first floor. The freeholder died and the daughter is sorting out the probate to the ground floor flat. (Only the two flats). I am in talks re extending my lease (68 years left) in exchange for two thirds of my garden as the ground floor flat unusually has only a very small garden space. However, when I moved in 5 years ago I had extensive work carried out on my flat including the roof , re pointing etc. This was paid soley by myself. I have just been advised that I may have be caught up in a flying freehold'?
    Also as such, I would be in a very difficult situation if I decide to sell in the future.
    The agent dealing with the grounfloor flat told me this and also sAID i WOULD NEED THE OUT DATED LEASE AGREEMENT TO BE CHANGED. I AM VERY CONCERNED IF THIS IS TRUE ALSO IF THAT IS THE CASE IT WOULD MEAN I WOULD THEN BE LIABLE TO PAY HALF OF THE MAINTENANCE FOR THE ground floor flat(which needs extensive work carried out on it).
    Help required.
    Many thanks.

  • 1 Answers

    By Guest on 21/08/2014


    Thanks for your question.

    It's difficult to offer an opinion without seeing the title deeds. You would need to have the lease, the official copy of register of title for your flat and the freehold official copy of register of title for the whole building.

    "Flying freehold" is where part of your property overhangs a neighbouring property. It often happens where there is a passage between two terraced properties and rooms on the upper floor of one property overhang the passageway which belongs to the other property. If only a small portion of the property is subject to the flying freehold it isn't a serious problem.

    You will need instruct a conveyancer to help you with the lease extension so why not ask them to have a look at the deeds and advise you on this as well?

    Hope this helps


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