Commentary

19 Land which cannot be commonhold

COMMONHOLD vol 8(1)
| Commentary

19 Land which cannot be commonhold

| Commentary

19 Land which cannot be commonhold

The following categories of land cannot be commonhold land:

  1. 19.1

        land already registered as commonhold1;

  2. 19.2

        a ‘flying freehold’ cannot be registered as commonhold (other than by addition to an existing commonhold). An application for the registration of land as commonhold may not include any part of a building above ground level, unless all the building below that part down to the ground is also included in the application. A flying freehold comprising part of a building may be added to a commonhold only where the enlarged commonhold will include the

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