A Flying Freehold is that section of a freehold property that is either
constructed over or extends into the neighbouring premises.
Therefore the owner of the Flying Freehold is the owner of the section
that is “flying” or extending above that of the neighbour but does not
have any ownership of buildings or land which is in position underneath
it.
One of the most common examples of when a Flying Freehold might
occur is when a room or rooms are situated above a shared
passageway in a row of terraced houses.
If one owner of property fails to keep the passageway repaired, and the
other owner of property does not have rights of access in order to undertake
the repairs, this might damage the part of the property which is ‘flying’,
the structure of the passageway and also the safety of people using the
passageway.
Problems arise, therefore, when one freeholder refuses to grant the
other access to make repairs.
Unless there is an express, legally binding agreement of some kind
then it is entirely unclear what if any limited rights or obligations one
owner owes to the other.
When purchasing a property your legal advisers should check whether there is an express agreement in the title containing all of the reciprocal obligations and rights between the properties in order that there are no difficulties in the future.