flying freehold

[ermm]

Is a covenant compulsory to have in uk law, when you have a Flying freehold property.

THANKS
ermm

[buildersmate]

It is hard to see how it could exist without a convenant to define the details of the flying freehold.
Flying freehold, as you presumably know, typically involves ownership of property where part of the property hangs over someone else's land. Since the basis the Land Registry recording system works on the principle of proprietorship of land (and what is built on that land is purely incidental), that would seem to need some form of convenant in order to make it work.

[themas]

Buildersmate is, as usual, correct. As to whether it is legally required, I don't know, but I'm sure anyone who was involved in one without a covenant would find it impossible to get a mortgage or to sell the property. There was a case on here some while back where someone wanted to terminate such a covenant & was pressurising the other party to do so! A recipe for disaster!