Leasehold
Your kitchen floor passes over a passage the surveyor walked under, and the neighbour's hall was not entered. What flying-freehold right was not read in a deed?
The flying-freehold right itself was not read in a deed. The surveyor walked under the passage and could see that your kitchen floor passes over it. The neighbour's hall was not entered. What was seen is a physical overlap: floor above, passage below. What was not read is the right that says you may keep that floor there, who repairs it, and who may enter. The survey has not opened the title and has not found those words. A walk under a beam is not a deed.
Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.
What is the fuller explanation?
Flying freehold is the legal fact of part of one property standing over part of another. It is proved, if it is proved, in the deeds and the register, not by standing in the passage. The survey can warn that the arrangement exists on the ground. It cannot say the right was reserved, that support is mutual, or that you may repair from the neighbour's side. The hall not entered means even the underside may be incomplete. The legal right is a solicitor's reading.
Ask the solicitor to read the title for the flying freehold over the passage, including repair and access. Tell them the neighbour's hall was not inspected. Do not assume the overlap you walked under is fully documented because it is obvious. The survey saw the structure of the arrangement only as far as the passage allowed. The right remains unread.
What should you ask your surveyor?
- Did you see the kitchen floor over the passage without reading a deed?
- Was the neighbour's hall unentered?
- Have you left the flying-freehold right for the solicitor?
What are the typical next steps?
- Ask the solicitor to read the flying-freehold right in the title.
- Do not treat the walk under the passage as that reading.
- Record that the neighbour's hall was not inspected.
Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.
Also asked about this
If the passage is on your own title, is there no flying freehold?
The survey has not read the title, so it cannot say the passage is yours. The floor over a passage is what was seen. Who owns the passage, and what right supports the floor, is the deed. A walk does not settle ownership.
Does a crack in the kitchen floor create the legal right?
No. A crack is a condition of the floor. The flying-freehold right is a deed the survey did not read. The neighbour's hall was not entered. Condition and title stay separate, and the crack does not draft a right. The deed is still unread.