Commentary

20 Flying freeholds and commonhold

COMMONHOLD vol 8(1)
| Commentary

20 Flying freeholds and commonhold

| Commentary

20 Flying freeholds and commonhold

A commonhold must include land from the ground upwards without interruption to the highest limit of the commonhold1. Accordingly:

  1. 20.1

        Buildings etc above ground level:

    1. 20.1.1

          Not all of a multi-storey building need be commonhold; for example, only the lower five storeys of a ten-storey building may be commonhold, but the commonhold must comprise all the lower five storeys, including the ground floor. If an intervening floor is not required as a commonhold unit it can be owned by the commonhold association as common parts of the commonhold and leased out2.

    2. 20.1.2

          By way of

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