The term “flying freehold” refers to a scenario in property law where a portion of one property extends over or under another adjoining property. This often prompts inquiries regarding the ownership of the land beneath the suspended portion.

Understanding the Flying Freehold

A flying freehold arises when a section of one property encroaches upon the airspace of an adjacent property or is supported by it. Despite its unconventional terminology, the legal implications are firmly rooted in practical considerations of property rights and responsibilities.

Who Owns the Land?

In cases of a flying freehold, the land underneath the overhanging portion typically remains the property of the owner of the originating property. However, this does not confer unrestricted access or control over the neighbouring property. Legal agreements, such as licences or leases, may be necessary to address issues of access, support, and maintenance.

Navigating Complexity

While the concept of a flying freehold may seem straightforward, its practical implications can be complex. Disputes may arise regarding maintenance obligations, access rights, and alterations to the flying portion, requiring legal resolution and clarification.

Our Solution: Expert Guidance and Resources

Whether you are grappling with challenges related to a flying freehold or considering options for lease extension or freehold purchase, our team of Chartered Surveyors is equipped to provide expert guidance and support.

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