Flying Freeholds - Guidance for Conveyancers
Type | Speaker | CPD Hours | Level |
---|---|---|---|
Webinar
|
1.25 | Intermediate |
Course Outline
Introduction
A flying freehold - nothing to do with birds or wings, but everything to do with a conveyancer’s duty, and If you come across one alarm bells should ring.
What is meant by ‘flying freehold’ and why are they so often problematical? Adjoining owners can be exposed as a result of a lack of appropriate reciprocal rights and knowing the pitfalls may lessen your exposure to liability when things go wrong.
What You Will Learn
This webinar will cover the following:
- What is a flying freehold and what are the difficulties that flow from it. What is a ‘creeping freehold’?
- Title Indemnity Insurance - can it help in every case?
- A new Mutual Agreement to document reciprocal rights
- An alternative structure or converting to leasehold - possible solutions
- Hickland as P.R. of Farren (Deceased) v Cormac McKeone, Solicitors [2018] - suitability of advice to clients about flying freeholds
- Bashir v Ali & Khan - can you rely on rectifying the contract?
- CML/UK Finance Mortgage Lending - what do parts 1 and 2 of the Handbook say?
- Land Registry and Law Society Guidance
- Access to Neighbouring Land Act - access for ‘reasonably necessary repairs’
- The General Boundaries Rule s.60 Land Registration Act
- Covenants and easements - the problem with enforcement and Law Commission views
- Dickinson v Cassillas - literal or sensible interpretation
- Abbahall v Smee (2002) - the responsibility of the owner to property below
This webinar was recorded on 2nd October 2019
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