What is a flying freehold and what to do if your property has one

Blog first published XXX. Last Updated February 2026.

A flying freehold exists where part of a freehold property extends over, under, or into land or airspace owned by somebody else. The term “flying”, in this context, describes how the upper property owner does not own the land, building, or airspace beneath their property. 

Flying freeholds are more common than many people realise, and is particularly prevalent in older terraced houses or properties with unusual layouts. Most owners live with flying freeholds without any issues. However, they can create complications when you come to buy, sell, or remortgage, so understanding what you are dealing with is essential.

Here, Jennifer Prysiaznyj, Director and head of WHN Solicitor’s residential property teamI explain what a flying freehold means in practice, the problems that can arise, and how to handle them if you’re buying — or already own — a property with one.

Common Examples of Flying Freeholds

Flying freeholds occur in various situations. The most common examples include:

• Rooms Above Shared Passageways: A bedroom or bathroom situated above a shared alleyway or ginnel between terraced houses. This is one of the most frequent scenarios we see.
• Balconies Extending Over Neighbouring Land: A balcony that projects out over a neighbour’s garden, driveway, or property.
• Maisonettes and Split Properties: Where a house has been divided and part of one property sits above or below another freehold property.
• Cellars and Basements: A basement or cellar that extends underneath a neighbouring property. This is sometimes called a ‘creeping freehold’ rather than a flying freehold, but the legal issues are effectively the same.
• Properties on Steep Hills: Where the layout means one property relies on the structural support of an adjoining building.

Many homeowners are unaware they have a flying freehold until they come to sell or remortgage. It’s often only during conveyancing that the issue even comes to light.

How to Check if Your Property Has a Flying Freehold

If you’re unsure whether your property has a flying freehold, there are several ways to find out:

• Review Your Title Deeds: Your title deeds and the title plan registered at the Land Registry should show the extent of your property. However, older plans don’t always show elevations clearly, so a flying freehold may not be immediately obvious from the documents alone.
• Check the Land Registry Title Plan: You can download the official title plan from the Land Registry for a small fee. This shows the boundaries of your property, though it may not definitively confirm a flying freehold if the plan only shows ground-level boundaries.
• Look at Your Property Physically: Walk around your property and look for any sections that appear to extend beyond your boundaries. Rooms above passageways, overhanging balconies, or cellars that might extend under neighbouring land are all potential indicators.
• Instruct a Surveyor: If you’re still uncertain, a surveyor can inspect the property and confirm whether a flying freehold exists and how much of the property it affects.

If a flying freehold is not recorded on the title deeds, this creates additional complications. The property may be difficult to mortgage, and you may need to resolve any legal or administrative issues before selling.

Should you Buy a Property With a Flying Freehold?

A flying freehold shouldn’t automatically put you off a property you otherwise want to buy. Many people live in properties with flying freeholds without ever experiencing problems. However, you do need to proceed with your eyes open and ensure certain protections are in place.

Questions to Ask Before Buying:

• Is the flying freehold correctly documented in the title deeds? If not, can this be rectified before completion?
• Are there adequate rights of support and protection from the adjoining property?
• Do you have rights of access to the neighbouring property to carry out repairs and maintenance?
• Is there a scheme of enforceable covenants that will bind future owners of both properties?
• What percentage of the property is affected by the flying freehold? (This matters for mortgage purposes.)

If the answer to any of these questions is ‘no’ or ‘unclear’, your conveyancing solicitor can advise on whether the issues can be resolved, and what options are available to protect your position.

Flying Freehold Problems: What Can go Wrong

The main legal concern with flying freeholds is the lack of positive covenant enforcement between freeholders. Unlike with leasehold properties, positive covenants (obligations to do something, like carry out repairs) don’t automatically bind future owners of freehold land. This can lead to several practical problems:

• Repair and Maintenance Disputes. You cannot compel a neighbouring freeholder to maintain or repair their property, even if your property depends on it structurally. If the property beneath your flying freehold falls into disrepair, this could affect the structural integrity of your home.
• Access Difficulties. If you need to carry out repairs to your flying freehold, you may need access to your neighbour’s property to erect scaffolding or reach certain areas. Without express rights of access in the title deeds, your neighbour could refuse access or demand payment.
• Insurance Complications. Without obligations on the adjoining owner to insure their property adequately, you could find yourself exposed if damage occurs to their property that affects yours.
• Difficulty Selling. Future buyers may be put off by the complications, or may struggle to obtain mortgage financing, making your property harder to sell.

In practice, most of these problems never materialise. Homeowners generally maintain their properties, and neighbours usually cooperate when repairs are needed. But from a legal perspective, the lack of enforceable rights creates risk.

Flying Freehold Mortgage Issues

Obtaining a mortgage on a property with a flying freehold can be more challenging than a standard purchase. Some lenders have blanket policies against lending on flying freeholds, while others will consider them on a case-by-case basis.

Most lenders who consider flying freeholds will impose conditions:

Your solicitor will check your lender’s requirements in the UK Finance Lenders’ Handbook and report to them on the flying freehold. If you’re buying with a mortgage, it’s worth checking early in the process whether your chosen lender will accept the property.

What if the Proper Rights Aren’t in Place?

If your property has a flying freehold but the title deeds don’t include the necessary rights and covenants, there are several options:

Deed of Mutual Grant and Covenant. This is the preferred solution. Both property owners enter into a formal deed that sets out:

• Reciprocal rights of support.
• Protection.
• Access for repairs.
• Obligations to maintain their respective properties. 

The deed should include a requirement that future buyers enter into the same covenants, and this can be reinforced by registering a restriction on both titles at the Land Registry.

The main drawback is that you need cooperation from the neighbouring owner, and there’s no legal mechanism to force them to enter into such a deed. The process can also be time-consuming and involves legal costs for both parties.

Indemnity insurance. If a deed isn’t possible (for example, if the neighbour won’t cooperate), indemnity insurance can provide a fallback. This doesn’t resolve the legal defects but gives you financial protection should any problems arise. Some mortgage lenders will accept this as an alternative to proper documentation.

Conversion to leasehold. In some cases, it may be possible to convert the flying freehold arrangement to a leasehold structure, with long leases granted to each owner containing all the necessary rights and covenants. This is the most comprehensive solution but is expensive, time-consuming, and requires agreement from all parties.

The Law Commission recommended reforms to make positive covenants enforceable against future owners of freehold land back in 2011, which would simplify flying freehold situations significantly. However, as of February 2026 the government has not yet implemented these changes, so the current legal position remains.

What is Flying Freehold Indemnity Insurance?

Flying freehold indemnity insurance provides protection if any problems should arise from the flying freehold arrangement. It typically covers:

• Loss of property value if you’re unable to enforce repairs against the neighbouring property.
• Legal costs if you need to take action relating to the flying freehold.
• Repair costs if the adjoining property fails to provide adequate support.

The cost is typically between £100 and £300 as a one-off premium. The policy remains in force for a set period (usually 15-25 years) and covers both you and future owners of the property.

• Important limitations: Indemnity insurance doesn’t fix the underlying legal issues. It won’t give you the right to force your neighbour to carry out repairs, and it won’t grant you access to their property. Think of it as a safety net, not a solution. Some policies are also invalidated if you carry out structural alterations to the property, so read the terms carefully.

Your conveyancing solicitor can arrange indemnity insurance as part of the transaction. If you’re buying a property with a flying freehold, expect this to be required by your lender.

Selling a Property With a Flying Freehold

If you’re selling a property with a flying freehold, being upfront about it will make the process much smoother. Buyers will find out during conveyancing anyway, so it’s better to address it early. 

• Prepare your Documentation: Gather any deeds of covenant, indemnity insurance policies, and evidence of how the flying freehold has been managed. If there are existing agreements with neighbours about maintenance or access, have these ready to show.
• Respond Promptly to Enquiries: Your buyer’s solicitor will ask detailed questions about the flying freehold. Responding quickly and thoroughly will keep the transaction moving and give the buyer confidence.
• Consider your Buyer’s Lender: If your buyer’s lender has strict requirements about flying freeholds that can’t be met, they may need to find alternative finance. Being aware of this possibility helps manage expectations.

A flying freehold shouldn’t prevent you from selling, but it may narrow your pool of potential buyers if lenders are reluctant to lend. Good preparation and clear documentation will help.

How WHN Solicitors can Help With Flying Freeholds

Flying freeholds require careful handling during conveyancing. As a residential conveyancing specialist, I deal with these situations regularly and can help you:

• Review the title deeds and identify what rights and covenants are in place.
• Report to your mortgage lender on the flying freehold and confirm whether their requirements can be met.
• Arrange flying freehold indemnity insurance where needed.
• Draft Deeds of Mutual Grant and Covenant to put proper protections in place.
• Advise on your options if the necessary rights aren’t currently in place.

If you’re buying or selling a property with a flying freehold, or you’ve discovered your property has one and want to understand your position, please get in touch.

Fill in our contact form to request a callback as soon as possible. Alternatively, contact Jennifer Prysiaznyj on 01254 272643 or email jennifer.prysiaznyj@whnsolicitors.co.uk.