F is for flying freehold

F is for flying freehold

It may not go down in folklore like the Flying Dutchman, and it’ll never touch the iconic status of the Flying Scotsman, but the title defect of flying freehold does impact on thousands of buyers every year.

As you will know, a flying freehold is where all or part of a property ‘flies’ over or under another property. This situation occurs most often in old terraced houses, where rooms are situated over neighbouring properties, or over a passageway, but also occurs at commercial properties too.

Problems can occur with flying freeholds where there are insufficient rights of access, protection and support from the neighbouring property, which means that the owner may be unable to enforce adequate maintenance of the affected part by the adjoining owners. This could lead to the structure of the flying freehold falling into disrepair which could affect the value of the property, and this is where insurance plays a part.

In the event that a property suffers loss or damage that has arisen in these circumstances, our policy covers:

  • reduction in the property’s market value, following damage caused
  • legal costs in prosecuting or defending a claim
  • damages, compensation, costs and expenses awarded by a Court or tribunal
  • costs in complying with any injunction.

Cover is available for residential and commercial properties, and in most circumstances, is offered providing that a structural survey, home buyers report or mortgage valuation survey has been carried out, and there is no known disrepair. However, we can also consider certain enquiries where no survey has been carried out, for example, when the property transaction involves a cash buyer.