WebA conversion to a leasehold structure is currently the most effective way to resolve the issues associated with a flying freehold property. Not only does it remedy the defects in the title,... WebMar 13, 2024 · Another option then is for there to be a conversion from freehold to a leasehold title, which is likely to be the most effective way to resolve the issues associated with the flying freehold property. This would remedy the defects in the title and it does not require reliance on a chain of covenants to enforce any positive obligations.

The faults with flying freeholds - Edwin Coe LLP

WebA deed of covenant and indemnity to be provided by a successor in title to a party that entered into positive covenants relating to a flying freehold in the form of Standard … WebAs is so often the case with property law, the concept of a flying freehold appears straightforward in theory, but can become far more complex in practice. The basic definition is quite simple: part of the property that has … philips brp042

Flying Freehold: Everything You Need to Know Think Plutus

WebA flying freehold is a part of a freehold property which lies over or under a part of another freehold. Flying freeholds include a part of a property that sits above a shared … WebSep 4, 2024 · The Problem. It is established law, that although the benefit of a positive covenant can run at law, the burden of a positive covenant does not run so as to bind successors in title. In 1984 the Law Commission’s recommendations would have enabled positive obligations to run with the land, however, their recommendations were not … WebAug 10, 2024 · However, practitioners should be alive to the existence of a ‘ flying freehold ’: this is a freehold property (or part of it) which overhangs another freehold property … philips brp062