House with Flying Freehold no problem for Conveyancing Solicitors in Bradford

Earlier generations of Conveyancing Solicitors in Bradford had clearly had some difficulties in sorting out the legal titles of a block of back-to-back cottages on Allen Croft, Birkenshaw, Bradford BD11.

Bradford Property Lawyer Sunita Saini was asked to handle the sale of one of them and when she investigated the title she discovered that there was a 'flying freehold' issue.

The land registry title plan of the house being sold showed an area coloured blue, with a note that the cellar beneath that part of the building was owned by the adjoining property. The register also mentioned that the property had the benefit of, but was subject to, the provisions of no less than three separate deeds made between previous owners of the property and the owners of the adjoining buildings.

It was apparent from the plans and reading the deeds that the cottage was part of a block of four. They had probably been built as worker's cottages back in the nineteenth century, and would have originally been owned by one person and rented out to tenants.

Next door's cellar lay underneath the property being sold

When they had been sold off as separate properties, the Conveyancing Solicitors in Bradford who prepared the property transfer deeds were apparently unaware that the cellar belonging to one property lay underneath the house which Sunita was dealing with. When part of one property lies above another one this is usually known as a flying freehold, or in this case a 'creeping freehold'.

Apparently the original transfer deeds did not include any relevant provisions in the deeds. At some point in the past this error had been discovered, and the respective owners had to join in new supplementary deeds to clarify the legal ownership.

These deeds also contained appropriate rights and covenants relating to the flying freehold, which Conveyancing Solicitors in Bradford would look for when dealing with properties where such title exists. 

Sunita sent copies of all these documents to Oates Harrison, the Conveyancing Solicitors in Bradford acting for the buyers, together with a copy of the title register and plan. The Conveyancers were satisfied that with the provisions of the supplementary deeds the title was acceptable to their clients' mortgage lenders. Contracts were therefore quickly exchanged and the sale completed. The seller and her agents, Barkers of 4 Old Lane, Birkenshaw, Bradford, BD11 2JX, were pleased that the sale had been handled so swiftly.

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