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Flying freehold meaning

What does Flying freehold mean?
In practice, a flying freehold is a part of a freehold building that projects over, is built above, or is structurally supported by (or supports) land or a building in different freehold ownership—for example, a room over a shared passage or an archway over a neighbour’s drive. It is a descriptive conveyancing term, not defined by legislation or a single authority in case law. Across England and Wales and Northern Ireland, usage is consistent. In Scotland, analogous arrangements are dealt with under the Tenements (Scotland) Act 2004 and the law of real burdens and servitudes, rather than using the label “flying freehold”. In Ireland, similar scenarios arise, although the Multi-Unit Developments Act 2011 provides a statutory framework for apartments that reduces (but does not eliminate) such issues. Key legal features include the need for enforceable easements/servitudes of support, shelter and protection, rights of entry for inspection and repair, and clear arrangements for maintenance and insurance. The main risk is that positive obligations do not generally run with freehold land, so necessary rights and duties may not bind successors, affecting marketability and mortgageability. Conveyancers and lenders typically require enhanced due diligence, a deed of grant/variation, a reciprocal maintenance or management agreement, or title...
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NEWS
Property disputes round-up: Leasehold and Freehold Reform Act status, drone trespass injunctions, RICS rights of light, CPR updates, creditor-defrauding trusts, and Scottish lease footpaths—13 June 2024

In this issue: Key developments and horizon scanning Trespass and adverse possession Easements and covenants Disputes and remedies Enforcing security and property insolvency Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&A Key developments and horizon scanning Law Society sets out key asks to next government The Law Society of England and Wales has outlined its principal asks of the next administration. President Nick Emmerson stressed that, whichever party succeeds at the polls, legal services should be placed at the centre of economic growth plans, our commitment to the rule of law renewed, and proactive steps taken to safeguard and expand access to justice. He highlighted the legal sector’s contribution to the UK economy and urged the incoming government to ensure domestic firms are properly supported to invest, upskill and embrace new technology. Emmerson also...

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PRACTICE NOTES
Flying and Creeping Freeholds in England and Wales: Due Diligence, Risks, Lending and Solutions—Easements, Covenants, Access to Neighbouring Land Act 1992, Leasehold Conversion, Indemnity Insurance

Prima facie, a freehold estate covers everything beneath the land’s surface and the airspace directly above, seemingly without limit in both directions, though the purported absoluteness of that idea has been moderated in recent times. Accordingly, one freehold ought not to overlap with another at all. Even so, practitioners should remain alert to the existence of a ‘flying freehold’: a freehold (or part of it) that projects, or ‘flies’, above a neighbouring freehold; the property beneath, which extends under the flying freehold, is sometimes described as a ‘creeping freehold’. Today, such a situation would usually be dealt with by granting a long lease, yet flying freeholds (often created many years ago) still appear on a regular basis...

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PRACTICE NOTES
Comprehensive Glossary of Property Law and Practice (England and Wales)

FORTHCOMING CHANGE: The Renters’ Rights Act 2025 The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions... A Absolute title A category of title available for registered land. Absolute title is the strongest class that can be granted; it denotes that, apart from matters on the register and any overriding interests, nothing affects the registered proprietor’s freedom to deal with the land... Abstract (of title) A certified summary, prepared by a lawyer, setting out the contents of the title deeds for a particular property... Acquiring authority See Compulsory purchase... Act of Parliament Legislation passed by both Houses of Parliament in the form of a written Bill and given Royal Assent. Sometimes called primary legislation. See also Secondary legislation... Adoption The legal process by which a highway in private ownership becomes a highway maintainable at the public expense....

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View the related Precedents about Flying freehold

PRECEDENTS
Deed of mutual covenants for flying freehold projection: reciprocal support, shelter, services and access rights; maintenance, insurance and indemnities; mortgagee consent and HM Land Registry restrictions (England and Wales)

DATE [ date ] Parties [ name of First Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner ) [ name of Second Owner ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner ) [ [ name of First Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( First Owner’s Mortgagee ) ] [ [ name of Second Owner’s Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Second Owner’s Mortgagee ) ] 1 Definitions For this Deed, the terms below shall have these meanings: ...

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