The Law Society Library provides details of sources of precedents for flying freeholds.

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Flying freeholds: sources of precedents

A flying freehold occurs where the whole or parts of one floor of a property project over parts of a lower floor of an adjoining property (eg a three-storey house has been divided into three freehold flats).

Commentary on the insurance aspects of flying freeholds can be found in Sherriff, Understanding Property Insurance (2008) page 111.

Potential problems encountered when dealing with flying freeholds are discussed in an article by Roy Perrott and Antonia Brandes, ‘Get the hang of it’ [2011] 1125 E.G. 101.

Precedents for flying freeholds can be found in:

  • Clauses on support and shelter in Encyclopaedia of Forms and Precedents (EF&P), vol.13(1) Covenants Relating to Land, (2018) precedents 470 to 472 plus drafting notes.
  • Clauses to include in easements granting support and shelter, (EF&P), vol.13(1) Easements and Profits a Prendre, (2011) precedents 283 to 285.
  • Mutual grant of rights over registered land for the benefit of registered land where parts of the first floor of one property project over part of the ground floor of the neighbouring property (flying freehold), not requiring construction works on the grantors’ land, neither land charged, EF&P, vol.13(1) Easements and Profits a Prendre, (2018) precedent 14.
  • Deed of covenant by successor in title where parts of the first floor of one property project over part of the ground floor of a neighbouring property, EF&P, vol.13(1) Easements and Profits a Prendre, (2018) precedent 15.
  • Transfer of the whole of registered or unregistered freehold land being one of two existing maisonettes, the owner of the other freehold maisonette being joined as a party, EF&P, vol.37 Sale of Land, (2015 reissue) precedent 53.
  • Covenant on transfer of freehold flats in a pair with the owner of the other flat who is joined as a party, EF&P, vol.7(1)B Clause Bank, (2014) precedents 817 and 818.

Record last checked 6 July 2018

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