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Flying Freehold advice

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  • 29-01-2019 1:30pm
    #1
    i5kra
    Registered Users Posts: 33 ✭


    Hi all,
    Just wondering if anybody can give me some advice here. This seems to be a common issue in the UK but not so in Ireland.



    Negotiating to buy an old semi (approx 100 years old) and sometime in the past (about 40-50 years ago I'd estimate) the neighbours built an upstairs bathroom, part of which rests on top of an old shed on "my" side of the boundary.



    Basically, the concrete shed supports their bathroom. I think this is called a flying freehold.



    According to the solicitors the title is ok for both the neighbouring house and the seller of the house I'm looking at buying.



    However, I have some other practical concerns that I can't seem to get information about. (Lots of info about the UK - but not much here).


    1 Insurance liability? Will I need to get some special (i.e expensive) insurance policy to cover this? Can you get them in Ireland?

    2 Their bathroom is directly against the outside wall of "my" house - what is the story in relation to dampness etc. caused by their bathroom?
    3 Do they have right of access to enter the property to make repairs?
    4 I presume I would be obliged to maintain the shed in good condition to ensure that their bathroom doesn't fall down?
    5 Resale - I read in the UK that some mortgage lenders are reluctant to lend on properties with flying freeholds like this. Not an issue for me thankfully. But down the line, in terms of selling the house, will this reduce my pool of potential buyers?



    Any advice greatly appreciated. This is a weird one and I'm still trying to get my head around it!
    Tagged:


Comments

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    #2
    Marcusm
    Registered Users Posts: 10,222 ✭✭✭✭Marcusm


    Is your solicitor aware of the physical support provided by the structure on your property? I would be very wary of buying into this arrangement except at a considerable discount. It’s not like mutually supporting or party walks. It sounds as if the property is burdened by the continuing support. If you wanted to remove the shed, would you be effectively precluded from doing so.


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    #3
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    i5kra wrote: »
    Negotiating to buy an old semi (approx 100 years old) and sometime in the past (about 40-50 years ago I'd estimate) the neighbours built an upstairs bathroom, part of which rests on top of an old shed on "my" side of the boundary.

    Basically, the concrete shed supports their bathroom. I think this is called a flying freehold.
    Check if it ever got planning permission. If not, I'd make removal of the bathroom a condition of the sale, tbh.
    i5kra wrote: »
    Their bathroom is directly against the outside wall of "my" house - what is the story in relation to dampness etc. caused by their bathroom?
    Would I be correct in saying that their bathroom is on top of what would be a garage in most peoples houses? I'd wonder if it's a shed because the neighbours have blocked any planning permission to turn the shed into a garage? Check what planning permission has been blocked in relation to both houses.
    i5kra wrote: »
    Do they have right of access to enter the property to make repairs?
    I can't find anything about this. Would it fall under any "right of way" laws?

    =-=

    I'd walk away from this one. Too many things odd about it, for houses.

    If you are considering it, look at failed and accepted planning permissions going back five years before the flying freehold existed, for both properties.


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    #4
    i5kra
    Registered Users Posts: 33 ✭i5kra


    Thanks for the replies:


    Marcusm wrote: »
    It sounds as if the property is burdened by the continuing support. If you wanted to remove the shed, would you be effectively precluded from doing so.


    Yes - if you removed the shed then about 1/3 of the neighbours upstairs bathroom would be unsupported and probably fall down.


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    #5
    i5kra
    Registered Users Posts: 33 ✭i5kra


    the_syco wrote: »
    Check if it ever got planning permission. If not, I'd make removal of the bathroom a condition of the sale, tbh.


    The work was done prior to planning permission being required - back in the 1950s or 60s by the look of it. But one to look into, thanks.


    the_syco wrote: »
    Would I be correct in saying that their bathroom is on top of what would be a garage in most peoples houses? I'd wonder if it's a shed because the neighbours have blocked any planning permission to turn the shed into a garage? Check what planning permission has been blocked in relation to both houses.


    The shed was probably built as a coal shed originally - just a small square breeze block & concrete shed approx 5 feet square. I'd say that it was never intended to be a garage. Again, I'd estimate it was built as an add-on many decades ago before planning permission was an issue. There are other outbuildings (including an outdoor toilet) in the garden which all look to be old.


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    #6
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    i5kra wrote: »
    Again, I'd estimate it was built as an add-on many decades ago before planning permission was an issue. There are other outbuildings (including an outdoor toilet) in the garden which all look to be old.
    I'd walk away from this one, as I wonder would you be liable for maintaining the support for the neighbours bathroom?


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