A: Flying freehold is an English legal term used to describe a freehold that overhangs or underlies another property.
Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony that extends over a neighbouring property.
Flying freeholds are a grey area as far as the law is concerned and some, but not all, lenders may have an issue with offering mortgages on a property of this type.
Sometimes it’s not an issue at all, as long as you maintain friendly relations with your new neighbours in case of any future disputes.
Much can depend on whether your lender is happy about such a freehold. If they are, then all is well and good, but if not they’ll probably ask for a very common type of cover known as flying freehold indemnity insurance to be bought.
This is generally provided by large insurers and shouldn’t cost more than a couple of hundred pounds, which you could ask the seller to contribute towards.
This will protect you from having to pay out if any neighbourly difficulties escalate into an expensive dispute. Some solicitors or lenders aren’t satisfied with indemnities, though. If you’re going to buy focus on this issue sooner rather than later.