Flying Freehold

A ‘flying freehold’ is deemed to have occurred when accommodation on the first floor qualifying as part of one freehold is situated directly above another freehold property offering ground floor accommodation. This unusual scenario means the owner of the first-floor accommodation does not own the land beneath their property. This would be owned by the person occupying the ground floor accommodation. The first-floor freeholder would therefore have ownership of a ‘flying freehold’. The term is used because their property is not at ground level and is therefore flying above the one below it.

Modern properties do not tend to exhibit such unusual circumstances. They tend to crop up more commonly in older properties where the original layout has been changed to provide a series of flats offered on a freehold basis. That layout could create the circumstances required to create a flying freehold.

This can create problems when buying a property that qualifies as a flying freehold or has such a property above it. Since problems with one of the two properties could reasonably create problems for the other, it is important to ensure the appropriate legal rights are in place to protect you in such circumstances.

If you are interested in buying a flying freehold property, you may well find the lender you seek to get a mortgage from will require you to take out indemnity insurance. This insurance would protect against any potential issues that could occur if the neighbour was unwilling to take on any necessary repairs to their property that might affect the state of your property. Always take proper legal advice before purchasing – or selling – a property with flying freehold status.

About the author:

The Mortgage Broker

The Mortgage Broker is an award-winning UK mortgage and protection specialist with decades of experience helping thousands of customers secure suitable and affordable mortgage solutions. Regulated by the Financial Conduct Authority, all advisers are minimum CeMAP-qualified and known for delivering clear, transparent, and expert guidance whether helping first-time buyers, home movers, remortgage clients or those with complex or adverse-credit needs. Recognised as a finalist at the Mortgage Strategy Awards 2025, The Mortgage Broker combines digital speed with human trust, offering access to over 130 lenders and more than 25,000 products. The company’s app, secure client portal and easy-to-use tools make it simple for customers to compare rates, track progress, and stay informed from start to finish. With more than 2,500 verified five-star Trustpilot reviews, clients consistently praise the firm’s professionalism, value for money, and personal service. Reviews highlight the team’s ability to explain complex mortgage and protection topics in plain English, providing support throughout the entire journey. The company’s reputation for knowledge, empathy, and reliability has made it one of the UK’s most trusted brokers, delivering advice that is honest, transparent, and tailored to each individual’s financial goals. Every part of The Mortgage Broker’s service reflects Google’s E-E-A-T principles: Experience, Expertise, Authoritativeness, and Trustworthiness. Its team has decades of hands-on industry knowledge, proven technical expertise, and national recognition supported by awards, media features, and verified customer feedback. As an FCA-regulated firm with a 5-star reputation, The Mortgage Broker stands for no-nonsense advice, common-sense lending, and exceptional customer outcomes — setting the standard for trusted mortgage advice across the UK.