Freehold and Leasehold

Property classifications on homes

When buying or selling a home or flat, it is important to know whether the property is freehold or leasehold.

Both offer different options and rights which may appeal to you depending on what you look for in a property.

Freehold

Freehold gives you exclusive rights to both the entire property and the land on which it sits. Nobody else has a claim to that land, and as the freeholder you have the right to make changes and alterations to the property when and as you wish, so long as they don’t fall foul of planning laws and legislation.

One disadvantage to freehold is that the responsibility for costs and repairs required for the property ultimately falls to you.

Flying Freehold

A flying freehold exists where a part of a freehold property covers an area which is part of another freehold property, e.g. a balcony overhanging next door’s garden, an attic which extends over the property along from yours.

Flying freeholds create extra work for conveyancing solicitors and therefore mean you may end up paying a little more in legal fees.

Leasehold

When you've purchased a house or flat with leasehold, you only own the right to live in that house and flat rather than the land itself. In certain circumstances the clauses in the lease can alter and change what you are able to do with the building, and it's often difficult to compare leases like for like as some are more flexible than others.

Leases last for a set period of time; while most will be over 75 years, if yours is shorter you'll find it difficult to secure a mortgage with most well-known lenders. Often it's possible to negotiate a lease extension as part of your purchase, but be warned as this can incur additional costs.

Also once you've purchased a leasehold property you can incur additional costs from the freeholders both as one off events and ongoing charges. These can include ground rent, service charges and other management fees.

Share your experiences

Please note: The views expressed in community areas of this site do not necessarily reflect or represent the views of Law on the Web, its owners, its staff or contributors.

More advice about clawback and overage agreements

A vast sum of sumsWhen someone sells land they can include a clawback or overage agreement. Clawback and overage both describe the same type of agreement.

Find out more

Need to find a conveyancing solicitor?

BusinesswomanProperty law is a vital part of the UK legal structure, serving as the basis for other branches of law as well as being important in its own right.

Find out more

Our guide to restrictive covenants

Sub-par medical treatment caused this woman's distressProperty covenants are promises that come with the property binding the owner. The law surrounding property covenants is mostly based on precedent.

Find out more
Get unlimited telephone legal advice
Get unlimited telephone legal advice for your business
I found Law on the Web to be very informative when looking for a solicitor to do our family will. It helped me find key information fast and when getting in contact with a solicitor I already had some knowledge on the subject and could focus in on what we needed. Thanks for all your hard work.
David Doulton, Long Ashton, Somerset May 2012

Find a Solicitor Service

Find the right solicitor or legal professional with our Free, NO OBLIGATION matching service
how does it workHow does it work?
  1. Fill in the short, confidential form below.
  2. We will contact you to try and match you with a suitable solicitor or legal professional.
  3. This matching service is FREE, confidential and no obligation.