Commonhold: Law and Practice

Author: Gary Cowen; James Driscoll; Laurence Target
Publisher: Law Society Publishing
ISBN: 9781853288678
Published In: October 2005
Format: Paperback , 352 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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. It helps the reader to understand the legislation and the opportunities it brings to the property industry.

Commonhold includes 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
the advantages of commonhold over the freehold/leasehold system.

The Act, regulations, statutory guidance, professional rules and forms are included for ease of reference.

1. Background to the commonhold legislation;
2. What is a 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. Bringing a commonhold to an end;
15. Commonhold: The alternative to the leasehold system;
Appendices: A. Extracts from legislation;
B. Example commonhold community statement;
C. Solicitors' Practice (Conveyancing) Amendment Rules 2005;
D. Seller's commonhold information form;
E. Extract from CML Lenders' Handbook for England and Wales;
F. Further reading.

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 toButterworths Residential Handbook (3rd Ed., 2005) and to Halsbury's Laws of England, Volume 22 (Housing) (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.

"The book achieves its aim of concision and authority on the law."

New Law Journal