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Flying freehold: what it is and how it affects buying, selling and mortgages

What a flying freehold is, why repairs and support are the problem, how lenders treat it, and what sellers and buyers should ask their conveyancer.

  • 4 min read
  • Last reviewed 16 October 2026
  • By Your Property Check team

Key answer

A flying freehold is where part of a freehold home sits over or under land belonging to someone else, such as a room above a neighbour's passageway. It can be bought and sold, but the law makes it hard to bind future owners to share repairs. Lenders look at it closely, so involve your conveyancer early.

Part 1 of 6

What a flying freehold is

A flying freehold is a freehold property where part of the building overhangs, or lies underneath, land owned by someone else. Typical examples are a room built over a shared passageway or archway, or an extension that sits partly above a neighbour's ground. The owner of the overhanging part owns it outright, but the ground beneath belongs to another person.

Because the part that overhangs depends on the neighbour's land for support, and the neighbour's land may depend on the overhang for shelter, the two owners are tied together even though neither has a lease.

Part 2 of 6

Why it causes problems

The difficulty is not ownership, it is who looks after what. A flying freehold needs three things from the neighbouring owner to work properly:

  • Support, so the overhanging part is held up.
  • Shelter or protection, so the structure below is kept weatherproof.
  • Access for repairs, so each owner can reach their part when it needs maintenance.

The law can make these hard to secure. The Law Commission's 2011 report Making Land Work explains that a restrictive covenant, a promise not to do something, can bind later owners, but "only restrictive covenants behave in this way; positive covenants do not". A positive covenant is a promise to do something, such as to repair a wall or pay a share of the roof cost. The report states that the burden of a positive covenant does not run so as to bind successors in title. It says this is perceived to be a major weakness in English law and the principal reason why freehold flats are inadvisable, since flat owners must be required to maintain their property and the common parts such as the roof.

The same report notes that the burden of a positive covenant can run with a lease, which is why long leases are often used to make covenants last. The Commission recommended a new interest in land, a "land obligation", to deal with the problem. We have not confirmed whether the law has changed since 2011, so ask your conveyancer for the current position.

What this means for a flying freehold: a promise from a neighbour to contribute to repairs may bind that neighbour but not whoever buys their house next. Conveyancers deal with this through the way the title and any deeds are drafted, and the details are for them.

Part 3 of 6

How to find out whether a property has one

  • Ask the seller and read the sale paperwork. Our article on what the seller tells you on the property information form shows what sellers are asked.
  • Check the title and the plan. HM Land Registry's practice guide notes that title plans show only the general position of boundaries. So a plan alone may not show an overhang clearly. Our guides on title register versus title plan and where your boundary runs explain the limits.
  • Look at the building. A surveyor or valuer can usually see whether part of the structure extends over a passage or neighbouring plot.
  • Read the deeds for rights of support, rights to enter a neighbour's land to repair, and covenants.

Our property boundaries tool gives an indicative view of where a boundary may run and links to the official title plan. It is not a legal boundary.

Part 4 of 6

Mortgages

Lenders set their own rules, and conveyancers check them in the UK Finance Lenders' Handbook, which has a section on flying freeholds. Policies differ, but in general terms lenders look for the right to support, shelter and entry for repair, backed by covenants that can be enforced, and they may ask for a plan showing the affected part. Some limit how much of a building can be a flying freehold, and some ask for indemnity insurance. We do not state limits or prices because they differ by lender and change.

This is the point where sales most often struggle. A buyer's lender can refuse late in the process. If you are selling, tell your conveyancer at the start, and ask your estate agent to say so in the listing so the buyers who apply are the right ones.

Part 5 of 6

Selling a property with a flying freehold

  1. Get the facts on paper: a plan showing the overhang, the deeds, and any documents that grant rights over your neighbour's land.
  2. Ask your conveyancer what is missing. If rights of support or entry are not in the deeds, a deed with your neighbour might fix this. That is a legal question, and it needs the neighbour's cooperation.
  3. Ask about indemnity insurance, how it works, and what could invalidate it. A policy is not a substitute for rights in the deeds.
  4. Be open with buyers. Surprises late in the process are what end sales.
  5. Consider buyers who do not need a mortgage, while understanding that independent buyers will still examine the title and may offer less. Our page on selling a property that is hard to mortgage explains the options.

We cannot say what effect a flying freehold has on price. No reliable official figure exists, and it depends on the building and the buyer's lender.

Part 6 of 6

If you are buying

Before you exchange, ask your conveyancer:

  • Which part of the building is affected, and what percentage of the building does it make up?
  • What rights of support, shelter and repair access are written into the deeds?
  • Are there enforceable repairing covenants, and do they bind future owners?
  • Has my lender accepted it in writing?
  • Would an indemnity policy be needed, and what does it cover?

Our take

Raise a flying freehold before the lender does

Ownership is rarely the problem. Support, shelter and repair rights are, because a neighbour's promise to share costs may not bind whoever buys next door. The common mistake is to say nothing and let the buyer's lender find it late, when it can refuse. Put the facts on paper at the start.

Our free house value check gives a sourced range from real HM Land Registry sold prices in your postcode, with the comparable sales shown. It does not adjust for a flying freehold, so use it as a starting point for the conversation with your agent and conveyancer. Buyers can run OfferCheck for tenure and other sourced risks.

Check my value

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

What is a flying freehold?
It is a freehold property where part of the building sits over or under land owned by someone else, such as a room built above a neighbour's passageway. The owner owns that part outright but depends on the neighbour for support and access.
Can you get a mortgage on a flying freehold?
Some lenders will lend, but their rules differ and are set out for conveyancers in the UK Finance Lenders' Handbook. They look for support, shelter and repair rights backed by enforceable covenants, and may ask for a plan or indemnity insurance.
Why are repairs a problem with a flying freehold?
The Law Commission reported in 2011 that the burden of a positive covenant, such as a promise to repair, does not bind later owners of freehold land. So a neighbour's promise may not pass to whoever buys their house next.
Does the Land Registry plan show a flying freehold?
Not necessarily. HM Land Registry says title plans show only the general position of boundaries. Check the register, the deeds and the building itself, and ask your conveyancer to confirm what is included in the title.
Can I sell a house with a flying freehold?
Yes. Tell your conveyancer early, collect the plan and deeds, and expect the buyer's lender to examine it. If the deeds lack rights of support or repair access, ask a solicitor whether a deed with the neighbour could help.

Where this comes from

Sources

Last reviewed 16 October 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.

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