Glossary · UK
What is Flying Freehold?
A flying freehold is a part of a freehold property that sits over, under, or projects into land or space belonging to someone else.
Full Definition
A flying freehold occurs when part of one freehold property overhangs or sits above another property or land in different ownership - for example, a room built over a shared passageway, a balcony extending over a neighbour's land, or one flat above another where both are held freehold. It is most common in older terraced houses, converted buildings and properties with archways. The issue matters because English law gives limited rights to enforce repair and support obligations between freeholders, so the owner of the flying section may struggle to compel the owner below to maintain the structure, and vice versa. Many mortgage lenders are cautious about flying freeholds and may require an indemnity policy or restrict lending, which can affect resale and value. Buyers should instruct a solicitor to check the title, the extent of the flying area and whether mutual maintenance covenants or indemnity insurance are in place before committing.