Timeline for After flat owners buy a freehold, why must they grant themselves 999 year leases to set out residents' rights and responsibilities?
Current License: CC BY-SA 4.0
10 events
| when toggle format | what | by | license | comment | |
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| Jul 5, 2022 at 4:37 | comment | added | Francis Davey | Restrictive covenants exist within English law and will do some of what is suggested. One exercise by my former Law Lecturer (Professor Edward Burn) was to discuss ways of getting around the problem that positive freehold covenants are generally unenforceable. Eg by enlarging a leasehold to a freehold. Estate rentcharges may also still be created and used in contexts like this. There are other possibilities. | |
| Jul 5, 2022 at 3:45 | comment | added | Dale M♦ | @toiv No, I wasn't. | |
| Jul 5, 2022 at 3:30 | comment | added | user42021 | @DaleM Were you implying, in your comment in response to ohwilleke, that England does not recognize restrictive covenants? | |
| Jul 5, 2022 at 3:28 | comment | added | user42021 | @ohwilleke "Does England not recognize party wall agreements and restrictive covenants?" England does recognize restrictive covenants. I am leery of Dale M's answer because he appears to suggest that England does not. | |
| Jul 4, 2022 at 23:37 | comment | added | Dale M♦ | @KRyan Australia has a few “corporate title” buildings left but they can be problematical if one (or a small number) of “shareholders” gain a controlling interest. The Strata Titles Act solved that problem by effectively having titles within titles and from what I understand works similarly to a condominium in the US. The Community titles act goes further and can have a freehold within the community which can itself be another community or even a strata. | |
| Jul 4, 2022 at 23:34 | comment | added | KRyan | Notably, New York City does similar things with “co-op” apartment buildings. I don’t own my apartment, I own shares in a company that owns the building—and one of the perks of being a shareholder in the company is exclusive use of the apartment associated with those shares. Done for exactly the same reasons. As far as I can tell, such arrangements are unusual outside of NYC in the US, though. | |
| Jul 4, 2022 at 22:59 | comment | added | Dale M♦ | @ohwilleke England was dealing with joint land ownership before there was a US. Some modern innovations haven’t trickled back. | |
| Jul 4, 2022 at 19:07 | comment | added | ohwilleke | Does England not recognize party wall agreements and restrictive covenants? This would usually be done with a condominium declaration or party wall agreement or restrictive covenants in the U.S.? The requirement of a legal fiction rather than a more direct method is surprising. | |
| Jul 4, 2022 at 18:33 | comment | added | Simon B | An important right of a leaseholder is the exclusive use of their flat. Without that, every freeholder could wander into their neighbours' flats whenever they liked, because they are all joint owners of it. | |
| Jul 4, 2022 at 11:45 | history | answered | Dale M♦ | CC BY-SA 4.0 |