Answers · UK 2025/26
What is a flying freehold and does it cause mortgage problems?
A flying freehold is where part of a freehold property overhangs or sits above land or a property owned by someone else - for example a room above a neighbour's passageway. It can complicate mortgages, insurance, and repairs because rights of support and access may not be clearly documented, but it does not make a property unsellable.
Full answer
A flying freehold exists where one freehold property extends over, or under, land that belongs to a different owner. Classic examples include a bedroom built above a shared archway or passage, a balcony projecting over a neighbour's land, or a cellar extending beneath an adjoining house. The reverse - part of your property underneath someone else's - is sometimes called a creeping freehold. Why it matters: English freehold law historically struggles to enforce positive obligations (such as a duty to repair or maintain) between freeholders. So where your floor is your neighbour's ceiling, there may be no watertight legal mechanism compelling them to keep the supporting structure in good repair, and vice versa. Rights of support, shelter, and access for maintenance may be missing or unclear in the title deeds. Who it affects: buyers, sellers, and lenders of older terraced or converted properties, and town-centre buildings. Many mortgage lenders are cautious: some decline flying freeholds entirely, while others lend provided the flying element is small (often expressed as a percentage of total floor area), proper rights of support and access exist, and suitable indemnity insurance is in place. Your conveyancer will examine the title and may recommend a legal indemnity policy to cover the risk of an absent right. There are no statutory rates or tax figures attached to a flying freehold - it is a title characteristic, not a tax matter - so there is nothing to quote from the rate card. It does not change your Stamp Duty Land Tax position, which depends on the price and your circumstances; use the stamp-duty calculator for that. Practical steps before buying: ask your solicitor to confirm rights of support and access are documented, check the lender's policy early, budget for indemnity insurance, and ensure buildings cover reflects the arrangement. A flying freehold is manageable, but it should be identified and resolved before exchange, not after.
Try the calculator
This answer is informational only and does not constitute financial, tax or legal advice. Figures are for the 2025/26 UK tax year. See our methodology and sources.