Deed of Covenant (Flying Freehold)

A Deed of Covenant (Flying Freehold) under UK law is a legal template that pertains to properties involving flying freeholds. In real estate, a flying freehold refers to a situation where one property overhangs or projects into another property, either horizontally or vertically. This legal document outlines the terms and conditions agreed upon by the owners of the properties to regulate the rights, obligations, and restrictions associated with the flying freehold.

This legal template typically includes details about the properties involved, such as their addresses, owners' names, and relevant land registration information. It also clarifies the extent of the flying freehold and defines the specific areas or parts of the properties affected by it.

The Deed of Covenant sets out various provisions that aim to protect the rights of both property owners and ensure harmonious coexistence. It may address concerns related to maintenance responsibilities, access rights, shared utilities, potential alterations or developments, and any other relevant issues. This document aims to establish a clear understanding between the owners, minimizing the potential for future disputes or disagreements.

Additionally, the template may include clauses pertaining to indemnification, where each party agrees to indemnify the other for any loss or damage arising out of the flying freehold. It may also outline dispute resolution mechanisms, specifying whether mediation, arbitration, or litigation will be the preferred method for resolving disputes.

Overall, a Deed of Covenant (Flying Freehold) template serves as a legal agreement between adjacent property owners, formally acknowledging the existence of the flying freehold and providing a framework for managing associated rights and responsibilities. Compliance with this deed is crucial to maintain a peaceful and organized cohabitation within properties affected by flying freeholds in the United Kingdom.