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Original poster

How much would this issue put you off buying house of your dreams?

19 replies

belle74 · 03/02/2008 16:04

My DP and I have found a wonderful house which is unbelieveably within our budget, lovely area, good school etc etc. we have not found anything else to even compare.

Of course there is a catch......the property has a double garage, one of which has at some point been sold to someone else who lives locally. Hence part of the upstairs of the property is over (essentially) someone elses property. I think this may be called a 'flying freehold' but we will be checking thoroughly into the legalities of the situation.

Obviously, the garage issue is what has caused problems with selling this property and reduced its value.

I have had a different range of thoughts about this, on the one hand seems a bit weird and a number of what ifs spring to mind.. 'what if they have power tools going at all hours day and night etc etc' but on the other house, there is nothing to suggest the garage is used for anything else apart from storage at present, and in any case you can have problems with neighbours who live next door or above or below so in itself this is not exceptional.

Just wondered if anyone had any opinions, how much would this put other people off (bearing in mind we are not wealthy and don't have the purchasing power to get the dream home!)

Thanks

OP posts:

MAMAZON · 03/02/2008 16:07

would you need/want the second garage?

could you find and then speak to the person who owns the garage?

WideWebWitch · 03/02/2008 16:09

I'd buy it. We were prepared to on a semi with a flying fhold over a passage between the 2 houses, I can't see that this is much difference. I would prob want to buy the other garage at some point, it is an odd arrangement.

Wisteria · 03/02/2008 16:10

I wouldn't, simply because of the 'reselling' problem.

Have you asked them who it is and whether he'd be open to selling it back to them to help them sell the house - it's a really weird thing to do I think.

castille · 03/02/2008 16:10

What Mamazon said, and failing actually speaking to the owner, can you visit the house at different times of day and see/hear what, if anything, is going on? Or ask the vendors?

chopchopbusybusy · 03/02/2008 16:14

I would find this a bit off putting. Could you buy the garage back? Are there any restrictions on what the garage can be used for? If it is just for storage, it's probably not a big issue, but if it could be a workshop or similar, then that could be a problem.

Original poster

belle74 · 03/02/2008 16:20

Thanks for the replies.
We are not sure about any covenants (apparently one would have been drawn up originally between the two apties, saying who was responsible for what, restrictions etc) we can find this out but apparently they do not always get 'handed down' to subsequent purchasers.

Ideally we would buy the house then be able to buy back the garage, but i think if this was an option then the currnt owner would have done so. The people who own the property live opposite and a few doors down and live in a massive house, but which does not have its own garage. The garage is probably quite vauable to them (boo hiss!).

On the other hand, if it wasn't for this then we would not even be in the running...a bit of a conundrum.....

OP posts:

Original poster

belle74 · 03/02/2008 16:21

sorry 'apties' should read parties.....

OP posts:

MamaG · 03/02/2008 16:22

I wouldn't buy it unless Icould buy the garage. My colleague (conveyancer) said never touch a flying (floating?) freehold with a barge pole

MrsGuyOfGisbourne · 03/02/2008 16:26

I wouldn't buy it. If you ever need to sell without delay, you can be sure this will cause a delay in finding buyers.

Crunchie · 03/02/2008 16:29

I would buy if is it your dream house. BUT I would look at if you could buy back the garrage and the 'let' it to the person who owns it now. Therefore they still getteh use, but you have a bit more protection

Wisteria · 03/02/2008 16:29

I think a flying freehold is fine where it involves an access way between 2 houses, this is very common in older properties anyway. I sold my last house which had this with no bother whatsoever - in fact it didn't even come up in conversation.

Where someone actually has access to a room under your house though is a bit different and would put me off buying.

alfiesbabe · 03/02/2008 19:54

As Wisteria says, very many older properties have a flying freehold and its not an issue. Our last house had a bit of next door above a bit of our downstairs, and it wasnt a problem.
However a double garage immediately to me smacks of modern (and probably quite a big house to have a double garage?) Which means you're talking about a different market - I would guess most people wanting a sizeable modern house would NOT want one of their garages belonging to someone else, so resale could be very tricky.

Original poster

belle74 · 03/02/2008 21:58

The property is very old as are all the houses in the immediate vicinity. It would be even odder if this had happened in a newer house. I think thats where the issue has arisen from, ie this was done in a time when it wasn't that unusual to sell of bits and pieces of your land and/or property to neighbours. All the properties around and about are 'character' and have lots of odd communal issues like rihts of ways/ access, this doesn't bother us as its similar to where we are now and we've never had any problems.

Its really helpful to hear peoples views though-thanks for your replies!

OP posts:

Pannacotta · 03/02/2008 22:08

Not sure it would put me off, but then we are about to buy a house which had subsidence!
Which room is above the garage?
I'd certainly try and speak to the owners of the garage before making a decision.
I wonder if it might be possible to agree some kind of limit to what they use the garage for, eg no noisy drilling after 6pm, though this would only be between you and them, am not sure you could make it legally binding...

mymama · 03/02/2008 22:26

I wouldn't buy it because of reselling.

Also wouldn't like the idea of strangers coming and going on my property at whatever hours they might please. Would be wary with my dc.

Nickyniknaks · 21/04/2015 16:45

I would please like some advice if anyone can help...I'm currently wanting to buy a semi detached 1900's cottage with a flying freehold over the passageway. The current vendor sadly died and it went to probate and now a charity will receive the value of the house when sold. However the deeds of title are incorrect as it states i would own from the floor up from the passage way and doesn't include the flying freehold where the neighbour has a room above it and I have the adjacent room at the back connecting to make my flying freehold also. The problem is my solicitor has told me on a couple of occasions NOT TO BUY and as it's a crock of ....!!!! I was amazed and not happy as the house itself is structurally sound and once decorated it would look great... My solicitor has painted just a bad picture and told me to find another house. I don't want to buy another house I want this one and I feel the deeds can be corrected. The vendor is currently in the throws of land registry coming to the house and as long as the charity are willing to pay for the surveyor to make new plans to submit to the council to allow the deeds to be amended and then we only hope the neighbour says yes to this also. Another thing the solicitor has done is put my bill up by a possible £1500 just to read thorough the material as the vendor is actually doing the change and work on this....please if anyone else has experienced this please let Me know I would love to hear from you. ??????

ClarasZoo · 21/04/2015 18:24

Your solicitor is there to give you advice - but you don't have to take that advice - just buy it if you want to. However, if you need a mortgage and the solicitor is acting for mortgage company too, solicitor may tell mortgage lender not to lend! Sounds like the deeds may be rectified. Not surprised it's cost you £1,500 tbh.

momtothree · 21/04/2015 18:36

Good point about access - does the neigbour cross your land? Think about public liability insurance! What about if the garage starts a fire are they insured and do u have a right to know if not? When are they using the garage and what is stored i.e think fire risk your insurers will want to know and u will need to declare it. Could they change the use without asking you? Ie sons starting a band? Can u meet the owner?

Puffinlover · 26/04/2015 15:54

Are you planning to buy the house with a mortgage? Might want to check with lender first of all if you are as this might be something that would not be acceptable to them?

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