The Law Society library maintains an index of enquiries called Queries and Enquiries Database. These include results from enquiries to find forms, precedents and guidance.
These records can be freely accessed via Law Society Library Online (registration required) - here is an extract from one such record.
A flying freehold occurs where the whole or parts of one floor of a property project over parts of a lower floor of an adjoining property (e.g. a three storey house has been divided into three freehold flats). Commentary on the insurance aspects of flying freeholds can be found in Understanding Property Insurance by Sherriff (Law Society, 2008) p 111.
The library has found clauses and forms for use with flying freeholds in the following places.
Precedents
Clauses on support and shelter can be found in Encyclopaedia of Forms and Precedents, vol.13(1) Covenants Relating to Land, (2011 reissue) including drafting notes:
- Form 470 : Covenant prohibiting diminishing of support and floor overloading
- From 471 : Covenant prohibiting damage or withdrawal of support
- Form 472 : Covenant prohibiting withdrawal of natural support
Clauses to include in easements granting support and shelter, Encyclopaedia of Forms and Precedents, vol.13(1) Easements and Profits a Prendre (2011 reissue):
- Form 292 : Grant of a general right of support
- Form 293 : Grant of a right of entry ancillary to a right of support
- Form 294 : Grant of a right of entry to other parts of a building to maintain support or protection
- Form 295 : Grant of a right to erect scaffolding ancillary to a right of support
Encyclopaedia of Forms and Precedents, vol.13(1) Easements and Profits a Prendre (2011 reissue)
also contains:
- Form 14 : Mutual grant of rights over registered land for the benefit of registered land where parts of the first floor of one property project over part of the ground floor of the neighbouring property ('flying freehold'), not requiring construction works on the grantors' land, neither land charged.
- Form 15 : Deed of covenant by a buyer where parts of the first floor of one property project over part of the ground floor of a neighbouring property.
Encyclopaedia of Forms and Precedents, vol.37 Sale of Land (2010 reissue) contains:
- Form 52 : Transfer of the whole of registered or unregistered freehold land being one of two existing maisonettes, the owner of the other freehold maisonette being joined as a party.
For commentary and precedents for criss-cross schemes (also called Tyneside flats) and cat's cradle leases, refer to Butterworths Property Law Service (loose-leaf, 1989-) Part IV.
Copies of documents can be e-mailed via Lawdocs, our document delivery service, within half a working day.
For further help and enquiries please contact the Law Society Library on 0870 606 2511 (09:00-13:00 and 14:00-15:00) or email at library@lawsociety.org.uk.
Disclaimer
This FAQ is compiled by the Law Society Library. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.