How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

I am looking at buying a flat in a three storey block. Beneath

Resolved Question:

I am looking at buying a flat in a three storey block. Beneath the flat I am buying is an archway that leads to a garden at the back of the block of flats. The garden is shared by all of the flats and access to it is only via this archway. All of the flats are privately owned and are all leasehold with separate lease and title.
Is there anyway that this could be construed as a 'flying freehold'?

Kind regards

Simon Smith
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What is the importance of the definition of "flying freehold" for you?

Customer:

Some lenders will not lend on a flying freehold and I understand that my choice of lender may be restricted if this is construed as such. The lenders valuation for this property is approx. £700 and I don't want to be paying this amount for a lender to tell me that they won't lend due to the flying freehold

tdlawyer :

Okay. This is not going to be considered a flying freehold in my view, as the proper is leasehold anyway.

tdlawyer :

Flying freehold is when the freehold extends over somebody else's property.

tdlawyer :

That isn't what this type of lease is and I don't think you will have a problem with your lender about this.

tdlawyer :

The lender will usually send an agent out to value the property and identify any issues of concern to the lender at an early stage anyway.

Customer:

That is great news Tony and I appreciate your assistance. Would there normally be a mention of the 'tunnel' in the lease confirming that all flat owners have a right to access?

tdlawyer :

Yes, you would expect to see specific rights of way granted for the benefit of all the leaseholders over common parts/tunnels etc. like this.

Customer:

Brilliant. Thank you so much

tdlawyer :

You're more than welcome. Thank for your question!

tdlawyer :

Is there anything else you would like me to clarify?

Customer:

This is the first time I have used this service (which I think is great, by the way) do I now just click the appropriate face and disconnect?

tdlawyer :

Yes, that's right - thank you for your nice comments! :)

Customer:

Thanks again Tony, Have a good weekend

tdlawyer :

You too!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions