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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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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!

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