Course description
A flying freehold - nothing to do with birds or wings, but everything to do with a conveyancer’s duty, and If you come across one alarm bells should ring. Adjoining owners can be exposed as a result of a lack of appropriate reciprocal rights and knowing the pitfalls may lessen your exposure to liability when things go wrong.
What is meant by ‘flying freehold’ and what are the difficulties that flow from it? What is a ‘creeping freehold’? Can Title Indemnity Insurance help in every case? These questions and many more will be answered in this handy 1 hour webinar with leading speaker Paul Tobias. Further topics explored will include the guidance from the UK Finance Mortgage Lenders' Handbook, Land Registry and Law Society, the Access to Neighbouring Land Act, covenants and easements, and all the pertinent case law.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
A flying freehold - nothing to do with birds or wings, but everything to do with a conveyancer’s duty, and If you come across one alarm bells should ring.
What is meant by ‘flying freehold’ and why are they so often problematical? Adjoining owners can be exposed as a result of a lack of appropriate reciprocal rights and knowing the pitfalls may lessen your exposure to liability when things go wrong.
What You Will Learn
This webinar will cover the following:
- What is a flying freehold and what are the difficulties that flow from it. What is a ‘creeping freehold’?
- Title Indemnity Insurance - can it help in every case?
- A new Mutual Agreement to document reciprocal rights
- An alternative structure or converting to leasehold - possible solutions
- Hickland as P.R. of Farren (Deceased) v Cormac McKeone, Solicitors [2018] - suitability of advice to clients about flying freeholds
- Bashir v Ali & Khan - can you rely on rectifying the contract?
- CML/UK Finance Mortgage Lending - what do parts 1 and 2 of the Handbook say?
- Land Registry and Law Society Guidance
- Access to Neighbouring Land Act - access for ‘reasonably necessary repairs’
- The General Boundaries Rule s.60 Land Registration Act
- Covenants and easements - the problem with enforcement and Law Commission views
- Dickinson v Cassillas - literal or sensible interpretation
- Abbahall v Smee (2002) - the responsibility of the owner to property below
Expenses
MBL Seminars Limited
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