Flying freeholds create legal complexity that terrifies solicitors.
Part of your property sits above someone else’s land. Or part of their property extends over yours. Insurance becomes complicated. Mortgage lenders often refuse to lend. Sales collapse during conveyancing when the issue emerges.
I’ve navigated flying freehold purchases before.
The problem isn’t always the structure itself—it’s the legal uncertainty. Who maintains what? What happens if relations break down with your neighbour? Can alterations be made?
This article explains what flying freeholds actually mean for your sale. You’ll discover which lenders will still consider your property, whether indemnity insurance helps, and your realistic options if traditional buyers keep withdrawing.
- What Flying Freeholds Are and Why They Complicate Sales
- Selling Options for Properties with Flying Freehold
- Mortgage and Valuation Challenges with Flying Freeholds
- Disclosure Requirements and Legal Documentation
- Indemnity Insurance and Legal Solutions
- Successfully Navigating Flying Freehold Sales
- Property Buyers Today's Experience with Flying Freeholds
What Flying Freeholds Are and Why They Complicate Sales
Flying freeholds happen when part of your home sits above someone else’s property. This creates weird ownership problems.
Common examples are easy to spot. Your bedroom sits over a shared alleyway. Your upstairs bathroom hangs over next door’s extension. Part of your house floats above their garage.
Old properties have flying freeholds most. Builders created them centuries ago without thinking ahead. Nobody worried about legal problems back then.
Common flying freeholds:
- Rooms over shared passages
- Upstairs floors over neighbours
- Overhanging upper stories
- Extensions above the shared space
Flying freeholds differ from normal ownership. With normal freeholds you own land underneath. Flying freeholds own air space only. The ground below belongs to someone else.
Repair problems cause biggest headaches. Who fixes the roof under your room? Who maintains walls supporting your floor? Laws don’t give clear answers.
Flying freeholds exist everywhere in UK. Old town centers have loads. Historic buildings contain them frequently.
Legal uncertainty scares lenders badly. Nobody knows who pays for what. Arguments happen constantly between neighbours.
Properties with title problems face similar issues. Check the official flying freehold guidance before selling.
Selling Options for Properties with Flying Freehold
Here are the 3 primary approaches to sell your property when flying freehold exists…
Estate Agents
The conventional route presents challenges for properties with flying freeholds:
- Average sale duration: 7-13 months (extended – mortgage lenders are cautious about flying freeholds)
- Many sales fall through when solicitors discover flying freehold complications
- You need agents experienced with flying freehold properties and complex title issues
- You’ll encounter these costs:
- Agent commissions (up to 3%)
- Solicitor fees (up to £4,000)
- Legal advice on flying freehold (£600-£1,500)
- Indemnity insurance (£150-£400)
- Title investigation costs (£300-£800)
- Limited buyers (some lenders refuse flying freeholds)
Property Buyers Today
When flying freehold makes your property challenging to market:
- We can complete within just 7 days
- No financing complications or title concerns needed
- What you gain:
- No agent fees
- We handle legal costs
- No property viewings – we buy flying freehold properties as they stand
- No insurance expenses – we accept title complications
- We understand flying freeholds and legal implications
- Completion date you can trust
- Trade-off: Obtain up to 85% of property value (frequently better given lender restrictions)
Specialist cash house buyers like Property Buyers Today understand flying freehold complications and handle all arrangements.
Property Auction
Auctioning attracts purchasers who deal with flying freehold properties:
- Duration: 3-4 months
- Sale finalises instantly when gavel drops
- Key factors:
- Property sold as-is – bidders review title documents
- Attracts experienced investors familiar with complex titles
- Perfect for knowledgeable buyers – draws appropriate purchasers
- Flying freehold disclosed in auction legal pack
- Wait 4-8 weeks until auction date
- Wait 28 days to finalise transaction
- Registration fees (up to £1,000)
- Auction house charges (up to 6%)
- Full flying freehold information must be disclosed to all bidders
Check our guide on selling a house at auction to understand how this process works for properties with flying freeholds.
Mortgage and Valuation Challenges with Flying Freeholds
Flying freeholds create serious problems when you try to sell your home. Most mortgage lenders see them as too risky to finance. Your buyer pool shrinks dramatically when standard home loans aren’t available.
Property values drop when flying freeholds are involved. Buyers know they’re taking on legal complications that other homes don’t have. The uncertainty around maintenance and repairs makes everyone nervous.
Mortgage Lenders Have Strict Policies
Most banks won’t lend on properties with flying freeholds.
They see the legal complications as too dangerous. Without clear maintenance agreements, they refuse to provide mortgages. Your home becomes un-mortgageable to the majority of buyers.
Some lenders might consider it with special insurance. But many have blanket bans in their lending rules. They’d rather finance simpler properties without these headaches.
Indemnity Insurance Becomes Essential
Without indemnity insurance, selling becomes nearly impossible.
This insurance protects against disputes over the flying freehold. It covers legal costs if problems arise later. Most lenders demand it before they’ll approve a mortgage.
Getting this insurance costs money and takes time. Some insurers won’t offer it at all for certain flying freeholds. Even with insurance, many lenders still say no.
Surveyors Flag Major Concerns
Every surveyor will highlight your flying freehold in their report.
They worry about who fixes problems with the overhanging part. What happens when the roof needs repairs? Who pays for structural work?
These questions scare mortgage lenders and buyers alike. Surveyors can’t give clear answers because the law is murky. Their reports often recommend against purchasing. Lenders read these warnings and reject mortgage applications immediately.
Your Property Loses 10-25% of Its Value
Flying freeholds significantly reduce what buyers will pay.
The legal uncertainty means buyers demand discounts. They’re taking on risks that other properties don’t have. Competition from similar homes without flying freeholds drives your price down.
The exact reduction depends on your local market and property type. Semi-detached houses with flying freeholds suffer the most. Buyers calculate the hassle into their offers. RICS guidance on flying freeholds shows how seriously professionals treat these issues.
Only Cash Buyers Can Help
Your buyer pool shrinks to people who don’t need mortgages.
That’s less than 30% of the market in most areas. Families relying on home loans can’t consider your property. First-time buyers are completely ruled out.
Even cash buyers hesitate because they know they’ll face the same problems when they sell. Investors might be interested, but only at heavily reduced prices. You’re fishing in a very small pond.
Disclosure Requirements and Legal Documentation
You must tell buyers about flying freeholds immediately. Property listings need to mention this clearly upfront.
Title registers show flying freehold arrangements. Official documents explain exactly what you own. Buyers see these during searches anyway.
Get title documents ready early. Official copies from the Land Registry cost £3 each. Title plans show your property boundaries clearly.
Required documents:
- Official title copies
- Title plan showing arrangement
- Indemnity insurance, if bought
- Neighbour maintenance agreements
Legal packs need complete flying freehold information. Your solicitor prepares these documents. Missing papers delay sales by weeks.
Previous indemnity insurance matters hugely. Show policies to buyers immediately. These help sales succeed faster.
Maintenance agreements with neighbours help sales. Written agreements about repairs reassure buyers. Show any documents proving arrangements exist.
Hiding flying freeholds breaks the law. Title complications are material information. Buyers sue easily after completion.
Tell solicitors about maintenance disputes. Past arguments with neighbours matter. Historical problems affect current sales directly.
Your solicitor handles all title paperwork. Order Land Registry documents early before marketing.
Indemnity Insurance and Legal Solutions
Flying freehold insurance protects against future problems. Policies cover disputes about repairs and maintenance.
Insurance costs £100 to £300 for most properties. One-time payment covers you forever. Policies stay with property when sold.
Insurance covers:
- Repair dispute costs
- Legal fees for arguments
- Loss if neighbour refuses access
- Support structure problems
Insurance has limits though. It won’t fix actual damage. It only pays legal costs and losses.
Buy insurance before marketing property. This helps sales succeed much faster. Lenders feel happier with insurance present.
Deeds of grant create formal agreements. These give you rights over supporting structures. Neighbours must sign these documents.
Getting neighbour agreements works sometimes. Written maintenance plans help everyone. But stubborn neighbours refuse often.
Some situations have no solutions. Difficult neighbours won’t cooperate at all. Insurance becomes your only option then.
Insurance improves mortgageability greatly. Banks lend more easily with policies. Property values hold up better too.
Get specialist legal advice early. Experienced solicitors know flying freehold problems. Check indemnity insurance options and Law Society guidance before selling.
Successfully Navigating Flying Freehold Sales
Use conveyancing solicitors who know flying freeholds well. Experience matters hugely with title complications.
Handle concerns before they arise. Tell buyers about insurance immediately. Explain arrangements clearly from the first contact.
Get documentation ready before marketing. Complete legal packs help sales move faster. Missing papers kill buyer confidence instantly.
Early preparation helps:
- Buy insurance first
- Get title documents ready
- Prepare neighbour agreements
- Brief your solicitor fully
Buyers request discounts for flying freeholds. Expect 5% to 15% off normal values. Insurance reduces these demands, though.
Sales take longer with title problems. Extra legal checks add weeks. Plan for three to four months minimum.
Surveyors always mention flying freeholds in reports. They recommend legal advice to buyers. This affects everyone equally.
Completion needs careful timing. Complex legal work takes longer. Don’t rush final checks ever.
Consider buying insurance before listing. This helps sales succeed much better. Costs less than price reductions typically.
Contract delays happen constantly with title issues. Budget for higher conveyancing fees with flying freeholds.
Property Buyers Today’s Experience with Flying Freeholds
I’ll be honest with you…
Flying freeholds confuse and worry buyers. When part of your property sits above someone else’s land (or vice versa), mortgage companies get nervous and solicitors raise concerns. If you’d rather not deal with complex legal explanations and cautious buyers, I completely understand.
Let’s be upfront—we won’t offer full market price because we have our own costs and need to resell fairly quickly.
Even so, here’s why property owners with flying freeholds still choose to sell their house fast through us…
Speed
Most house sales take months, but we can buy your property in as little as 7 days.
This quick process is perfect if you need to move soon or want to avoid being stuck in a long chain of buyers and sellers. We have the cash on hand so don’t need to wait for mortgages or a chain to collapse.
Guaranteed Sale
Did you know 1 in 3 sales fall through on the open market?
We know how frustrating it is to get 6 months into a process and have a buyer pull out.
When we give you the final price for your house, that’s the amount you’ll get. Guaranteed!
No Costs
You won’t face any costs with us.
We handle all the expenses involved in buying your property, including legal fees and surveys. You get cash in your bank when the sale is complete, and there are no surprise estate agent commissions to worry about.
No Stress Or Hassle
Our team supports you through the whole selling process.
We keep you updated about what’s happening and answer any questions quickly. You’ll always understand what’s going on with your sale and what happens next.
Free Property Valuation
Our property experts will value your house at no cost to you.
They look carefully at your property and check local market prices to give you an accurate figure. This professional service comes with no obligations.
No Viewings Required
Forget about cleaning and tidying for viewings.
We don’t need multiple visits or open houses to make our offer. This means no strangers walking through your home, and no disruption to your daily life.
All Properties Welcome
Whether your house needs work or is in perfect condition, we’ll buy it.
We have experience with all types of properties and conditions. This means you can sell your house to us no matter what state it’s in.
Professional Legal Service
Our expert team manages all the legal requirements for you.
We work with experienced property lawyers who make sure everything runs smoothly, and put your property at the top of their list. This gives you peace of mind that your sale is being handled properly from start to finish.
