Flying freeholds and private roads…
Our clients were buying a freehold property with a mortgage. The house was located on a private road which we discovered was not an adopted highway and had not been registered at HM Land Registry. Because of this, our clients had no legal right of way over the private road meaning they couldn’t drive along it from the house they were buying to the next adopted highway.Another issue also came to light during the purchase process. Part of the house in question overhung part of the adjoining property, and likewise in reverse. As there were no legal rights of overhang this created a situation called a ‘flying freehold’ (which occurs when part of your property overhangs property which you do not own).
However, even though these were major title defects, Lawson-West managed to enable our clients to purchase the property by using indemnity insurance and statutory declarations sworn by the seller.
So - what appears at first glance to be a straightforward purchase might throw up problems that require significant time and consideration once the legal documents arrive with your solicitor!
For more information on this or any aspect of conveyancing please contact Sharon Sangha at Lawson-West on 0116 212 1000.
