'Flying freeholds' advice welcome

Marcevo190

Hi folks,

I have gone sale agreed with a property that has a flying freehold i.e. A semi detached property where one of my upstairs bedrooms resides over the neighbour's living room.

My concern is that this type of property might be a depreciating investment. I'm finding it very difficult to find information on this in Ireland (lots in the Uk).

Can anyone advise on this type of property or posses a property of this nature?

Michael D Not Higgins

Have you asked your solicitor? That's what they're there for.

testicles

This post has been deleted.

godtabh

testicles wrote: »

Sounds like a duplex of some sort

I lived in a duplex. Not familiar with a ‘fly freehold’ but we had a leasehold intereste

Graham

Flying freeholds are typical where one house overlaps another as the OP describes or where a part of the house overhangs a communal entrance tunnel.

My understanding is the freeholder owns their part of the building but not necessarily the property/land beneath it (e.g. the communal tunnel/neighbours lounge).

I don't see why a property that's subject to a flying freehold would depreciate any more/less than any other type of property to be honest. Any slight reduction in value as a result of an unusual layout is more than likely already reflected in the property price.

As others have suggested, talk to your solicitor about the specific legalities.

Claw Hammer

That is not a flying freehold. A flying freehold has no connection with land.

Graham

Claw Hammer wrote: »

That is not a flying freehold. A flying freehold has no connection with land.

I don't think anyone suggested it was connected to land.

Claw Hammer

Graham wrote: »

I don't think anyone suggested it was connected to land.

It has a connection with land. The building of which this portion is above the enighbours is connect with the land under the main house, with an easement of support from the neighbour in respect of the portion above the neighbouring house. Flying freeholds apply to apartments above ground floor, where until recently it was not possible in Ireland to have a freehold.

Marcevo190

Thank you all for your replies on the topic.

At the minute there is no covenants of support in place with the neighbouring party (who have downstairs in my example). My concerns lie with even if an agreement is put in place, how enforceable is it at a realistic level - this could add further legal costs in the future to enforce the covenants as well as bad blood with the neighbour

The current property boundary/folio does not reflect accurately the issue that's happening on the ground, nor was it dealt with in the last deed of transfer. Based on the current map both floors fall on my side of the boundary however adverse possession would apply here as the properties clearly have been separated for an enormous amount of time (possibly 27+ years).

This seem to be a big issue in the UK however relatively unheard of here. My building surveyor made no comment on the layout, I had actually asked him to review the boundary on my behalf however only a correction requirement was reported back, as apposed to the legal ramifications/split level mappings that are required.

Other concerns I have are regarding burdens that now may be placed on the folio - will this reduce the value of the property as the title would no longer be 'clean?'. While I'd be happy to live in it, I'm concerned for the future in the unexpected event I'd have to sell.

Claw Hammer

Marcevo190 wrote: »

Thank you all for your replies on the topic.

At the minute there is no covenants of support in place with the neighbouring party (who have downstairs in my example). My concerns lie with even if an agreement is put in place, how enforceable is it at a realistic level - this could add further legal costs in the future to enforce the covenants as well as bad blood with the neighbour

The current property boundary/folio does not reflect accurately the issue that's happening on the ground, nor was it dealt with in the last deed of transfer. Based on the current map both floors fall on my side of the boundary however adverse possession would apply here as the properties clearly have been separated for an enormous amount of time (possibly 27+ years).

This seem to be a big issue in the UK however relatively unheard of here. My building surveyor made no comment on the layout, I had actually asked him to review the boundary on my behalf however only a correction requirement was reported back, as apposed to the legal ramifications/split level mappings that are required.

Other concerns I have are regarding burdens that now may be placed on the folio - will this reduce the value of the property as the title would no longer be 'clean?'. While I'd be happy to live in it, I'm concerned for the future in the unexpected event I'd have to sell.

You would need to get your solicitor to seek counsels opinion from the vendor regarding these issues, or else instruct counsel on your behalf to give an opinion.

Marcevo190

Claw Hammer wrote: »

You would need to get your solicitor to seek counsels opinion from the vendor regarding these issues, or else instruct counsel on your behalf to give an opinion.

The vendor in this instance is pleading ignorance to the fact that this exists and trying to stress that there is no problem - there of course is an abundance of problems.

My own legal counsel and a third opinion I sought have conflicting views. Once seems to think its administrative the other is concerned with the existing fire safety with the initial divide, enforcing covenants, and potentially tightening of future mortgage regulations against such properties leading it to be unsellable in the future.