Hanging Freehold

[Isitme]

Our friends have just lost the sale of their old semi-detached cottage because one of their bedroom windows slightly overhangs the property of the adjoining semi. Their buyers solicitor advised them it is a hanging freehold and not to touch it with a barge pole. Obviously there has been no problem in the 100 years previous to this so surely there must be something that can be done to solve this legal problem. Any possible solutions? Peejay

[buildersmate]

Its more commonly known as flying freehold. This article explains it rather well. There are remedies - their buyers solicitor probably just didn't fancy trying to get his head around it.
http://www.swarb.co.uk/lawb/lndff2.shtml

[happyjo]

Spot on BM as usual!!!

We have a flying freehold running above our house.

Never been a problem, we took out indemnity insurance, �80 one off payment. Never needed it!!! been here 6 yrs

Jo x

[Isitme]

To Jo & BM
Many thanks for your useful info, though reading the article BM I can understand why their solicitor backed away - obviously a lightweight! Jo, was it your solicitor who made the suggestion of an indemnity or did you work it out for yourselves? We are seeing these friends on Sat and would love to be able to possibly offer them a gleam of hope!
Many thanks to you both again.
Peejay

[MustafaTickl]

Hanging freehold's, flying freehold's, indemnity insurance - what a load of nonsense for a slightly overhanging window. The gleam of hope that you are seeking is the blindingly obvious - remove the offending window and set it back within the curtilage.

[pingping]

mustafa - it sounds as if the property is fairly old - so removing the window might not be the cheapest / easiest solution compared to an �80 indemnity cost.

[MustafaTickl]

Many people will not buy into an indemnity insurance, pingping. If things go wrong and claims have to be made it is just another lot of unnecessary difficulty, worry and trouble. Life is too short for all that. Far better to provide a permanent solution- after all the replacement window business is highly competitive and a tiddly (compared to the value of the property) few hundred pounds will see it done.