Commentary

5 Other common law jurisdictions

COMMONHOLD vol 8(1)
| Commentary

5 Other common law jurisdictions

| Commentary

5 Other common law jurisdictions

The problems arising out of flat ownership are not all unique to England and Wales. Many of them are to be found wherever ownership of a building is divided horizontally; and a number of common law jurisdictions, including California in the USA and New South Wales in Australia, have developed their own solutions. These solutions fall broadly into one or other of the following three categories:

  1. 5.1

        Condominium (California)/strata title (New South Wales): Here the unit-holder owns (a) the freehold of a unit and (b) an undivided share in the common parts1. Where some of

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