Apartment above shop been sold as Freehold

Darith

I viewed an apartment above a shop. Its been sold as a freehold? It has its own entrance at the front of the shop downstairs. the agent advised there is no management company involved. There are ten parking spaces at the rear which I have been advised one of which is mine. I'm slighty confused, does this sound right? Should I ask for access directly to the solicitor representing the apartment?

Michael D Not Higgins

All these questions should be answered by your own solicitor. Ones they are not able to answer directly can be put to the seller's solicitor, following a bid being accepted.

Darith

thanks. when I submit a offer do I stipulate 'subject to survey' & 'subject to solicitor'; are they the right words?

Michael D Not Higgins

Darith wrote: »

thanks. when I submit a offer do I stipulate 'subject to survey' & 'subject to solicitor'; are they the right words?

An offer is always conditional, you can pull out of the deal all the way up to contract exchange. These things happen all the time.

Samuel T. Cogley

It's probably a flying freehold - they're rare enough and whether a bank will lend on it is debatable. Before proceeding any further you'd want to engage a solicitor really.

As for the offer, you can make all the offers you want, generally no offer from either side or booking deposits mean anything until you're much deeper into the process. Once you have found a place and placed a booking depoist you should keep looking anyway as there's about a 50% chance the sale will fall through anyway.

Marcusm

Samuel T. Cogley wrote: »

It's probably a flying freehold - they're rare enough and whether a bank will lend on it is debatable. Before proceeding any further you'd want to engage a solicitor really.

As for the offer, you can make all the offers you want, generally no offer from either side or booking deposits mean anything until you're much deeper into the process. Once you have found a place and placed a booking depoist you should keep looking anyway as there's about a 50% chance the sale will fall through anyway.

I don't think a flying freehold could exist where you are talking about the upper floors of a building per se. Do they not generally arise with projections from a freehold building over adjacent land which the property is not built on. Such as built up over passageways or bay windows and such over public pavements, i.e. small section of a property. if the upper floor is entirely encompassed underpinned then I think it can't be a flying freehold.

Perhaps it's the case that the apartment owner is the freeholder and the shop below is a tenant.

Samuel T. Cogley

Marcusm wrote: »

I don't think a flying freehold could exist where you are talking about the upper floors of a building per se. Do they not generally arise with projections from a freehold building over adjacent land which the property is not built on. Such as built up over passageways or bay windows and such over public pavements, i.e. small section of a property. if the upper floor is entirely encompassed underpinned then I think it can't be a flying freehold.

Perhaps it's the case that the apartment owner is the freeholder and the shop below is a tenant.

I was under the impression that freeholder above, and subsequently above that were all flying freeholds, or rather could be, with (and now I'm really going to get it wrong) the easement of support like a terrace just rotated to the horizontal.

Your scenario is certainly more likely and more likely to be correct!

davindub

Samuel T. Cogley wrote: »

I was under the impression that freeholder above, and subsequently above that were all flying freeholds, or rather could be, with (and now I'm really going to get it wrong) the easement of support like a terrace just rotated to the horizontal.

Your scenario is certainly more likely and more likely to be correct!

The correct terms are:

above - flying unless totally underpinned = freehold flats.
Below - creeping.

There are a few estates like Marcism mentioned,

There are significant issues with either of them, your solicitor will look for indemnities are required from the freeholder in the event that the flying freehold is impossible to restore along with covenants in regards maintenance. The covenants are the issue in Irish law, positive covenants are not binding on successors to freehold pre 2009.

In any event OP, I'd imagine this is marked cash only sale?

Darith

I wasn't told it was a cash only sale but it is a bank that is selling.

Darith

It is currently a beauty salon with two studded walls internally creating two other rooms. If i want i want to live in the apartment as a dwelling;do i need planning permission? Does this depend on whether planning permission was needed previously? Again do i have to get a solicitor to get answers to these questions on foot of a successful bid?

davindub

Darith wrote: »

It is currently a beauty salon with two studded walls internally creating two other rooms. If i want i want to live in the apartment as a dwelling;do i need planning permission? Does this depend on whether planning permission was needed previously? Again do i have to get a solicitor to get answers to these questions on foot of a successful bid?

It depends on the current planning permission. If not for residential use, you would need planning permission for change of use.....which can be an issue, you will need a fire safety certificate for change of use, etc. You probably should engage a solicitor and get estimates for the costs before bidding, also if finance, check with your mortgage provider.

http://www.dublincity.ie/main-menu-services-dublin-fire-rescue-and-emergency-ambulance-service-fire-safety-legislation/faq