Is this likely to be a flying freehold?

[HangerLaneGyratorySystem]

Looking at buying a ground floor flat in a sort of semi detached "house" arrangement - one flat at top, one at bottom (was built as two flats it was never a whole house, most of the street is like it). The ground floor flat has the freehold of both flats.

I'm interested in buying the ground floor - estate agent played it down and said oh the only requirement is a shared buildings insurance? Does this sound like a flying freehold? Or something to steer clear of? I can't see there's any benefit to become the freeholder of both properties can you? I'm imagining the roof leaking or a bedroom getting damp and upstairs neighbour and I having to slog out who's responsible. Is this perfectly normal or am I right to be a bit rattled?

I’d speak to your solicitor about it. As the freeholder, you’d be entitled to receive the ground rent and the service charge from the upstairs leasehold flat, so that should cover some repair costs, but AFAIAA payment of service charges is difficult to enforce, hence why leaseholds are becoming so unpopular. It is possible to buy an indemnity to cover repair costs that might arise, but your solicitor will be able to tell you if this is a situation best avoided. It might also affect your mortgage eligibility.

Thanks @whattodoforthebest2 There's no leasehold fees apparently, the only money that would change hands is the joint buildings insurance. I can't instruct a solicitor just in case it's ok to proceed, in order to find out it isn't, and if it is a flying freehold I reckon I wouldn't get a mortgage on it. Spoke to the agent today, it's clear they just want someone who doesnt' know there might be an issue.

Just having a little midday bump to see if anyone else has experience.

https://www.ker.co.uk/freehold-flats-what-is-the-problem-and-how-can-i-fix-it/

this seems to paint a very dire picture of it!

Is it a freehold flat or is it a leasehold flat where this particular flat owner also happens to be the freeholder? These are two very different things with very different mortgage impacts, so the agent needs to be really clear with you on what it is.

You can obtain the title deeds of the property yourself from the Land Registry for a fee ££ and this will show you if there is a lease (but the agent and the owner really should already know the answer to this very straightforward question).

Is it a freehold flat or is it a leasehold flat where this particular flat owner also happens to be the freeholder? These are two very different things with very different mortgage impacts, so the agent needs to be really clear with you on what it is.

You can obtain the title deeds of the property yourself from the Land Registry for a fee ££ and this will show you if there is a lease (but the agent and the owner really should already know the answer to this very straightforward question).

So I'd start by asking for a copy of the lease for the upstairs flat. This will have to be provided to your solicitors anyway if you go ahead. If they won't provide, then I'd leave it tbh. If the whole road has similar properties, I'd be surprised if none of the freehold ones are mortgageable - that's quite unlikely.

As suggested above, get a copy of the title from Land Registry and see what that shows. That will also show charges on the title (which could be mortgagors), so will give you a clearer picture.