Flying freeholds arise when part of a dwelling sits over a neighbour’s property or airspace, creating unusual title and boundary questions. A solicitor in this area investigates how the flying freehold affects ownership, rights of support, access, and liability for maintenance, and checks for restrictive covenants or lease clauses that could impact use, sale or refinancing. They draft and negotiate documents to clarify who is responsible for repairs, servitudes and stubs of title, and advise on how to handle mortgage requirements and disputes with neighbouring occupiers.
Where a solicitor protects your position
The solicitor identifies the decisive risks: that an action or omission could affect ownership, access or structural liability. They explain how the flying freehold interacts with the wider title, ensure any necessary declarations or covenants are in place, and confirm the implications for a mortgage, sale or remortgage.