CeMAP MRT1 Property Defects, Tenure & What Affects Value question: Ivan’s freehold terraced house includes a bedroom

CeMAP MRT1Property Defects, Tenure & What Affects Value

Ivan’s freehold terraced house includes a bedroom that sits over his neighbour’s ground-floor passageway. Why might his lender be concerned?

A The bedroom is legally leasehold, so the whole house must be valued as a short lease
B The neighbour will gain ownership of the bedroom by adverse possession once 12 years have passed
C Planning permission is needed every time the house is sold because of the overhang
D Ivan cannot reliably force the neighbour to repair and support the structure below his room

Show the answer and explanation

Answer: D. Ivan cannot reliably force the neighbour to repair and support the structure below his room

This is a flying freehold. Positive covenants to repair or maintain do not bind later owners of freehold land (Rhone v Stephens [1994]), so Ivan may have no enforceable right to make the neighbour maintain the passage structure. Lenders often accept a small flying freehold with indemnity insurance and suitable rights of support and access, but may decline a large one (Walbrook (formerly LIBF) MRT1 AC10.4, tenure and due diligence). The room is not leasehold, adverse possession does not apply simply because of the layout, and no planning permission is needed on sale.

Common mistake

Assuming freehold title always gives full control of the structure that supports it.

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Original practice material mapped to the published CeMAP MRT1 learning outcomes. Independent, not endorsed by Walbrook (formerly LIBF). Verify figures and rules against current guidance before relying on them.