Survey Missed Flying Freehold

ALC

New Member
Nov 21, 2012
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Hi everyone

I wonder you can help or if you've ever come across my situation before. We had a full building's survey when we bought our house. Some time after we moved in we discovered that there was a room under our kitchen that belongs to our next door neighbour. It is accessed via our neighbour's garden and they use it as a store room.

We had no knowledge of this room, it wasn't flagged up by our surveyor and it's not on our house deeds so our conveyancer was not informed of its existence.

When we put our house on the market, our buyer's conveyancer spotted the room - there is a raised area in our kitchen and he become curious so went outside to have a look around - and it halted proceedings, so much so that the sale fell through. This was the first time the words 'flying freehold' were ever mentioned.

My question is, my building survey clearly stated that the survey would flag up any issues that 'materially affects the function, performance, value or saleability of the property'. They didn't!

What recompense do I have? Have you ever come across this situation before?

Be great to hear from you, thanks in advance.