Can You Get a Mortgage on a Flying Freehold?

A flying freehold is when part of a freehold property extends over or under another freehold property—think of a room or hallway that “flies over” a neighbour’s land. They’re relatively rare, often found in older or converted buildings, and they raise red flags with many mortgage lenders.

So, can you still get a mortgage in 2025 if your dream property has one?

**The short answer is yes—**but it depends on how the freehold is structured, what legal safeguards are in place, and how the lender views the risk.

Why Lenders Worry About Flying Freeholds

From a lender’s perspective, flying freeholds pose a few key problems:

• Access & Maintenance – If repairs are needed, you may need access to someone else’s land. Without formal rights of access, that creates legal risk.

• Lack of Mutual Enforcement – Unless there's a Deed of Mutual Covenant (DMC), it's difficult to ensure shared responsibility for upkeep.

• Enforcement of Rights – There can be difficulties forcing another party to act if something in their property affects yours (or vice versa).

Some lenders will outright decline properties with flying freeholds. Others will only proceed if certain protections are in place.

What Do Lenders Require in 2025?

If you're buying a property with a flying freehold, most lenders will expect:

• A comprehensive legal report from your solicitor highlighting the flying freehold and detailing any associated risks.

• Title documents and legal rights of access proving you can maintain or repair the affected part of the building.

• An indemnity insurance policy to cover potential disputes, often required as a condition of lending.

• In some cases, a satisfactory valuation that doesn’t downgrade the property’s marketability because of the freehold issue.

Lenders like Nationwide, NatWest, and Barclays have different attitudes, but many now have more structured processes for reviewing such cases.

Is Flying Freehold Mortgageable with All Lenders?

No. Some lenders will still reject the property outright, even with indemnities in place. Others will lend only if:

• The flying freehold is less than 20–25% of the property.
• A formal Deed of Mutual Covenant exists.
• The valuer doesn’t flag concerns about resaleability.

Working with a broker who understands the nuances of specialist and mainstream lenders is critical. At Willow, we regularly place cases where others fail—not because of lender generosity, but because we know how to present and package the risk properly.

When You Might Need a Specialist Lender

Some situations might push you out of the mainstream lending pool, such as:

• Unclear access rights or historical title issues.
• No indemnity policy available due to recent disputes.
• Property forming part of a very old or listed building.

In these cases, a specialist lender or private bank may be your only route forward. The rates might be slightly higher, but flexibility is the real win here.

Our Advice: Don’t Panic, Get Clarity

Many flying freeholds can be mortgaged—if the paperwork is tight and the risk is clearly explained.

We always advise:

1. Get the legal position clarified early—your solicitor should raise this during searches.
2. Speak to a broker before committing, especially if buying at auction or under pressure.
3. Budget for indemnity cover and solicitor fees to resolve any issues.

Related Blogs You May Find Helpful

• Can You Get a Mortgage on a Property with a Short Lease in 2025?
• What to Know About Financing Unusual Properties in 2025
• Mortgages and Agricultural Restrictions: What to Know in 2025

📞 Want Help Navigating Today’s Market?

Book a free strategy call with one of our mortgage specialists.

We’ll help you find the smartest way forward—whatever lenders say.