Should I Buy a House with a Flying Freehold

Buying a home with a flying freehold can raise concerns for both buyers and mortgage lenders. These types of properties are not especially common but they do appear in older buildings, converted houses and terraced homes where part of one property extends over another. Although not necessarily a dealbreaker, a flying freehold introduces legal and practical complications that buyers should fully understand before proceeding.

This guide explains what a flying freehold is, what it means for you as a buyer, what legal checks are involved and how to approach the purchase with caution and confidence.

What is a flying freehold?

A flying freehold exists when part of a freehold property physically extends over land or property that belongs to someone else. This often happens in older buildings where a room, balcony or upper floor overhangs a neighbouring property. Despite owning that upper section, the property below belongs to a separate freeholder. The structure is effectively split vertically between two freehold owners.

Examples include a first-floor bedroom that overhangs a shared passageway, a bathroom that extends across a neighbour’s kitchen, or a room built over an alleyway. Although you may legally own the part that extends, you do not own the land or property beneath it.

Who does this affect?

Flying freeholds typically affect buyers of older terraced houses, properties in historic towns or converted buildings where space was used creatively. They are more common in certain areas of the UK such as Cornwall, Wales and older parts of London.

This situation affects not only buyers but also mortgage lenders and insurers, all of whom require assurances that proper rights exist and obligations are manageable. Sellers can also face delays or failed sales if the issue is not dealt with clearly in advance.

Are flying freeholds legal?

Yes, flying freeholds are legal in England and Wales. There is no law that prevents you from owning or selling a property with one. However, they can be complicated because the law does not always provide a simple way to enforce rights of access for maintenance or repair.

The biggest issue is that the owner of the flying part may need to enter the neighbouring property to carry out works. For example, you might need to repair a leaking pipe in the overhanging bathroom. Unless you have specific legal rights of access written into the title deeds, the neighbour could refuse permission.

The Land Registry and case law do not automatically grant these rights, so a properly drafted deed of covenant or mutual agreement is often needed to manage these obligations.

Will a mortgage lender approve a flying freehold?

Many high street lenders will consider mortgages on flying freehold properties, but they will want legal confirmation that the situation is properly managed. The solicitor acting for the lender must ensure that:

The freehold structure is clearly defined

Mutual access rights are documented

There is a suitable legal agreement in place for maintenance and repairs

If these conditions are not met, the lender may either decline the mortgage or impose conditions such as indemnity insurance or legal undertakings. Specialist lenders may be more flexible, but this often comes with higher interest rates or stricter terms.

Can indemnity insurance solve the issue?

Indemnity insurance is often used to cover risks associated with flying freeholds, particularly where no formal access agreement exists. However, this type of insurance does not create any new legal rights. It simply offers financial compensation if a neighbour blocks essential access and a dispute arises.

Most lenders accept indemnity insurance as a short-term solution, but it is not a replacement for a well-drafted deed of covenant or mutual agreement between neighbours. Buyers should not rely solely on insurance without fully understanding the risks.

What problems can arise?

The main problem with flying freeholds is access. If you need to carry out repairs to the flying section of your property but cannot get onto the neighbour’s land, it can cause delays, disputes and potential legal costs.

Disagreements over maintenance responsibilities can also arise if there is no clear agreement. For example, if the overhanging structure causes damp or damage to the property below, both parties may disagree over who should pay for repairs.

There is also a long-term risk that future buyers or lenders may be put off by the complications, affecting resale value or marketability.

What should you do before buying?

If you are considering buying a property with a flying freehold, make sure your solicitor carries out detailed title checks and reports fully on the implications. They should:

Identify the flying section clearly on title plans

Check for legal rights of access, support and maintenance

Negotiate a deed of covenant with the neighbouring freeholder if one does not exist

Arrange indemnity insurance if required by your lender

If the neighbour is cooperative and a formal agreement can be reached, the risk can be reduced significantly. If the legal rights are missing and cannot be added, you may wish to reconsider the purchase or renegotiate the price.

Conclusion

A house with a flying freehold is not necessarily a bad purchase, but it requires careful legal handling. These properties can function without issue for years, particularly where neighbours have a good relationship. However, without formal access rights or proper legal agreements, they can present real problems when it comes to maintenance, resale or financing.