Protecting a First-Time Buyer’s Rural Dream Home, Lincolnshire
The Situation
- The Challenge: A High-Value Purchase with Hidden Risks
- Client: First-Time Buyer, Mr S
- Property: A Character Cottage in a Rural Lincolnshire
Mr S had fallen in love with a charming period cottage. His mortgage was approved, and he was eager to complete the purchase quickly. The seller's solicitors provided a standard legal pack, claiming the property was a straightforward 'ready-to-move-in' sale. However, our initial review of the centuries-old title deeds suggested things weren't as simple as they appeared.
The JM Conveyancing Intervention
Rather than simply processing the paperwork, our Technical Specialist conducted a deep dive into the property's history.
Identifying the Flying Freehold
We discovered that a small portion of the first floor actually flew over a neighbour's driveway. This is a technical legal issue known as a Flying Freehold. Without the correct legal protections in place, many mortgage lenders will refuse to lend on such a property.
Access Rights Issue
The team's review of the title plan revealed that the cottage's only access route was via a private track. The seller's legal pack contained no formal Right of Way agreement, meaning Mr S could have legally been blocked from his own front door in the future.
Negotiating the Fix
Instead of advising the client to walk away, Julie negotiated a Deed of Grant with the neighbouring landowner to secure a permanent Right of Way.
Simultaneously, she arranged a specialist Indemnity Insurance Policy for the Flying Freehold that met the mortgage lender's strict criteria.
The Result
- Secure Title: Mr S completed his purchase with a clean legal title, ensuring he won't face any unsellable issues when he eventually decides to move again.
- Lender Approval: By proactively solving the Flying Freehold issue, we prevented the mortgage lender from withdrawing their offer at the eleventh hour.
- Peace of Mind: Mr S moved in knowing exactly where his boundaries were and that his access was legally guaranteed for life.
What the Client Said
'I had no idea what a 'Flying Freehold' was, but Julie and the team spotted it immediately. They didn't just tell me there was a problem; they fixed it. I felt completely protected throughout the whole process. I can't thank them enough for their attention to detail.'
— Mr S.
The 'JM' Difference
A cheap conveyancing quote often means a junior staff member is just checking boxes. At JM Conveyancing, our 30+ years of experience mean we look beneath the surface. We don't just help you buy a house; we make sure you are buying a secure asset.
Are you buying a unique or older property? Ensure your investment is protected by the experts. Contact us for complete technical protection.
