Part I of the Commonhold and Leasehold Reform Act 2002 introduced a new form of freehold ownership for both residential and commercial multi-occupied properties such as blocks of flats, office blocks and mixed-use developments. Commonhold is the alternative to the traditional freehold/leasehold system. This book offers a succinct and authoritative guide to the law and practice of commonhold provided for by Part I of the Act and its supporting rules and regulations. The authors provide practical guidance on: the procedure for registration of commonhold land; drafting the commonhold community statement; setting up and running a commonhold association; termination of a commonhold; and the advantages of commonhold over the freehold/leasehold system. Commonhold is essential reading for practitioners who need to understand the legislation and the opportunities it brings to the property industry. It is especially helpful for practitioners who advise developers or purchasers of commonhold units. The Act, regulations, statutory guidance, professional rules and forms are included for ease of reference.
Rezensionen / Stimmen
'The book achieves its aim of concision and authority on the law.' New Law Journal, 14 April 2006
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ISBN-13
978-1-85328-867-8 (9781853288678)
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Schweitzer Klassifikation
Gary Cowen is a barrister at Falcon Chambers where he specialises in all forms of the law of real property with an emphasis on commercial property litigation. Professor James Driscoll is a consultant solicitor in the property department at Trowers and Hamlins where he advises on all aspects of residential property matters including residential leaseholds and commonhold. His many books include the loose-leaf work Housing Law and Precedents (Sweet & Maxwell). He is the Consultant Editor to Butterworths Residential Handbook (3rd Ed., 2005) and to Halsbury's Laws of England, Volume 22 (Housing) (new Ed in 2006). James is a regular contributor to the Estates Gazette, the New Law Journal, the Solicitors' Journal and other legal and professional journals. He is a Consultant Editor to Sweet & Maxwell's Landlord and Tenant Reports. He was a member of the Lord Chancellor's Working Group on Commonhold. Laurence Target is a solicitor in the commercial property and housing projects departments at Trowers and Hamlins, specialising in property law.
1. Background to the commonhold legislation; 2. What is commonhold?; 3. Setting up a commonhold; 4. Registration procedures; 5. Commonhold units; 6. The Commonhold Community Statement; 7. Commonhold Associations; 8. Lending on commonhold; 9. Developer's rights; 10. Managing a commonhold; 11. Commonhold and taxes; 12. Purchasing and owning commonhold land; 13. Variation of a commonhold; 14. How a commonhold may be brought to an end; 15. Commonhold: the alternative to the leasehold system; Appendix: A. Extracts from legislation; B. Department of Constitutional Affairs Guidance: Sample Commonhold Community Statement; C. Solicitors' Practice (Conveyancing) Amendments Rules 2005; D. Seller's Commonhold Information Form (1st Edition); E. Extract from CML Lenders' Handbook, Commonhold; F. Further reading.
