Flying Freeholds - What Conveyancers Need to Know

Introduction

It is probably fair to say that most conveyancers would prefer to avoid Flying Freeholds altogether, but you will inevitably come across these and if you do alarm bells should ring.

What is meant by ‘Flying Freehold’ and why are they so often problematical? What is the interaction with registration of title and enforcement of covenants? 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 live and interactive session 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 - what is on offer and can it help in every case?
• A New Mutual Agreement to document reciprocal rights
• An alternative structure or converting to leasehold - possible solutions
• Positive covenants - can they ever run with the land?
• Building schemes
• Hickland as P.R. of Farren (Deceased) -v- Cormac McKeone, Solicitors [2018] NIQB 81 - suitability of advice to clients about flying freeholds
• Bashir v Ali & Khan [2011] EWCA Civ 707 - can you rely on rectifying the contract?
• UK Finance Mortgage Lending - what do Parts One and Two of the Handbook say
• Land Registry Plan Conventions, Guidance and Rules
• Law Society Guidance
• Access to Neighbouring Land Act 1992 - access for ‘reasonably necessary repairs’
• Law Commission Reports 2011 and 2020 - a new legal interest in land and Commonhold returnsv
• The General Boundaries Rule s.60 Land Registration Act 2002
• Covenants and easements - Dickinson v Cassillas [2017] EWCA Civ 1254 literal or sensible interpretation
• Abbahall v Smee (2002) EWCA Civ 1831 - on the responsibility of owner to property below
• The extent to which information contained on the face of the property register to registered leasehold estates can be relied on R (on the application of HCP (Hendon) Ltd) v Chief Land Registrar (sued as HM Land Registry) [2020] EWHC 1278
• You will often need a surveyor, so what does the RICS say about Flying Freeholds?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.