Flying freehold
Common cases include a room situated above a shared passageway in a semi-detached house, or a balcony which extends over a neighbouring property.[2] This is an issue if, for example, scaffolding needs to be erected on the land beneath the flying freehold: the landowner's consent will be required and he may refuse, or want to charge a premium.If the work is necessary it may be possible to obtain a court order under the Access to Neighbouring Land Act 1992, but there are costs and uncertainties involved, and the situation could be even worse if the structure beneath is unregistered land and the identity of the owner is unclear.Some lenders are wary of flying freeholds while others appreciate that this is a common occurrence (particularly in older terrace properties) and act accordingly.When considering a mortgage application for a property with flying freehold the extent to which the property extends over a neighbouring property may also be considered before approving an application and may result in a lender requiring a title indemnity policy, which is a kind of insurance against problems arising from the flying freehold,[1] or even demand that a deed of right of access be purchased.