Flying freehold and loft conversion

[Misty9]

I'm buying a terrace with a flying freehold over the passageway. I will own half of the passageway and the room above it and the neighbour owns the other half. My question is about loft rights though as I was hoping to convert the large loft space at some point. I'm not sure whether the loft space I saw went over the passageway, but how does this normally work? Surely the loft can't be split easily in that way??!

Google isn't helping much and my solicitor doesn't know. I haven't had a survey done yet (waiting for chain to complete) but will ask them when I do. But has anyone got experience of this?

I think if the loft is above your room then you own it. You'll share a party wall though with their loft.

Round here the 1950s terrace have a straight party wall above the mid point of the alley.
However the 1920s houses have all sorts of mixtures of rooms interlocking above alleys, so who knows what the lofts are like!

The title deeds should make this clear. If the flying freehold of the room is yours then the loft space should be similarly yours, it would be unusual to be otherwise. Ask the solicitor for the title deeds. For your sol to say they don't know is absurd! It's their job to find out.

i strongly advice you to check with your lender if they lend you on flying freehold property.
you might need indemnity insurance and other complications...

Some older terraces don't have party walls in the loft meaning that someone can cross the loft and come down the other house loft hatch!

Watch out for this as often they are seen as a fire risk and lenders require a wall to be built, which is sensible anyway

You need a party wall solicitor, I think.

The loft above your bedrooms will be yours and subject to planning permission, etc you can convert it.

My solicitor said the loft above the shared passageway room wouldn't be included in the title...
I'm trying to arrange to look at the loft again.

Well if that's the case I wouldn't buy it... Anyone could claim that part of the loft.

I used to have a house with exactly the same set up and the title deed Inc the loft. It's possible if you're in an area with few houses like this the solicitor isn't very experienced.

They're very common in my home town but Phil and kirsty did an episode here and said they're unusual in most other areas. 🤷‍♀️

Oh no @VivaLeBeaver don't say that! I've already pulled out of one purchase... I'll get a reputation! My city is full of victorian terraces so it must be fairly common, but then again my solicitor isn't based here come to think of it...

A flying freehold isn't usually anything to be concerned about .

I have a house with flying freehold everything above the passage way belongs only to me. I presume it would be the same for you.

Apparently there are many setups, one of which is like mine where the passageway is split in two. Annoyingly