What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

What Is A Flying Freehold? | Wollens Solicitors Devon

A Flying Freehold is a term used to describe a portion of the property which is reported to extend over or under the neighbouring property or land. This section of the property is known as a flying or creeping freehold.

Freeholds that fly over or creep under neighbouring land mainly exist in older semi-detached or terraced houses. Typical examples can include :-

a balcony extending over neighbouring land;
a room that sits above a shared passageway;
maisonettes with overlapping rooms;
a cellar/basement which extends beneath someone else’s property;

From a Sellers prospective, will a Flying Freehold make my house less likely to sell?

Generally selling a property with a flying freehold does not cause a problem.

At the outset of the transaction please let us know if you believe that a portion of your property extends over or under your neighbour’s property.

There are several legal implications to be considered including ensuring that there are sufficient covenants in place to allow for renovation works, access, maintenance and repair costs. In addition, there would need to be an easement for the person with the flying freehold to have a right of way on that part over the neighbouring property.

From a Buyers prospective, what will be the implications?

It may be challenging to obtain a mortgage for a property with a flying freehold. Different lenders will have their own requirements on these type of properties, and not all lenders will extend a loan over properties with a flying freehold. This is important to consider if you intend to sell the property in the future, particularly if you are a cash buyer. The majority of lenders will consider the position on a case-by-case basis and dependent on the percentage of the property which is affected by the flying freehold.

When purchasing a property with a flying freehold, you will need to be aware that you and your future neighbour will be reliant on each other for the insurance, maintenance, and repair of those sections of your respective properties that support the structure of the neighbouring residence. You will also need to arrange for a surveyor to access the property to ensure that it is structurally reliant upon the adjoining property.

The financial, legal, and practical implications of a flying freehold may impact your use and enjoyment of the property.

Mitigating risks with flying freeholds

If there are not sufficient covenants and easements already in place when buying or selling a property with a flying freehold, there are steps you can take to mitigate risks:

Specialist indemnity insurance: Flying freehold indemnity insurance covers potential disputes with your neighbours and can be invaluable in difficulties related to your flying freehold.
Deed of mutual covenant: This is a formal legal document will establish you and your neighbour’s obligations to each other for the mutual benefit of all parties involved. It will set out terms regarding your respective responsibilities for repair and maintenance and rights of access and support.

We will be able to advise on the best way forward in your transaction.