Flying Freeholds - Guidance for Conveyancers

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