Commonhold and Leasehold Reform Act 2002

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

Commentary on the Sections: Part 1

Registration

Section 4: Land which may not be commonhold

50. Section 4 introduces Schedule 2, which lists types of land which may not, for a variety of reasons, be registered as commonhold.  The three broad categories are:

(i)

developments in which it is intended to create a commonhold in land above ground level where the ‘grounded’ part of the structure is not part of the same commonhold application, the most obvious example of which would be flats developed over shops, where the shops continue to be let on standard commercial leases;

(ii)

specified sorts of agricultural land; and

(iii)

land the freehold title to which is contingent on some specified future circumstance (see Schedule 2).