Query if this is a flying freehold?

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    Query if this is a flying freehold?

    I am in the process of purchasing a 200+ yr old converted farmhouse/barns & my conveyancer has apparently questioned my seller/conveyancer re a “flying freehold” on the property
    annoying thing my conveyancer hasn’t mentioned it to me but the seller has as I’m in regular communication with them!

    so the situation is the house I am purchasing has a ground, 1st & 2nd floor accommodation all within the boundary of the property but a window in the kitchen (red line shown on plan)
    however a window to the kitchen opens over the neighbours land

    basically when conversion of the farmhouse (right on plan) was done approx 12yrs ago the barn was extend at the rear & the developer put a door in so the owner could get the their own back garden - eaves level of extension would be too low to have the door at the rear so it was put in at the side!

    house was brought by current owner/seller from developer approx 12yrs ago & this is the 1st sale since original owner post conversion

    Based on my other dealings my conveyancer they appear to be very inexperienced & young & im not totally confidient they are going to resolve this swiftly!

    i have no issues re the window which has obscured glass in it opening as it does over the neighbours land & just want to get the contracts signed asap

    any help or advise or anything I can suggest to my conveyancer would be appreciated thanks


    #2
    Just to clarify this, the precise problem is that one window opens out into the airspace of the neighbouring property?

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      #3
      That’s what I believe my coveyancer has flagged an issue about! To me the one window is not a problem & don’t foresee a future one!
      Any advise/comments would really be appreciated

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        #4
        Assuming that is the problem, it does not come under "flying freehold", but rather under "easements". The meaning of easement is explained here: https://en.wikipedia.org/wiki/Easements_in_English_law

        The first question to ask is whether the right to open a window into another's airspace can be an easement. The second, if the answer to the first is "yes", is whether the property has been granted the easement. I am happy to discuss those two questions if you wish, but if you are not concerned because the worst case scenario (an inability to open the window) is not a problem for you, then there seems to be little point in going into the matter.

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          #5
          That all makes perfect sense to me & I am not concerned about being able to open the window or not, many thanks for your input!

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