The Times - UK (2022-05-27)

(Antfer) #1

Lancashire


Built in about 1860, Dalton Grange has
far more to offer than your average
Victorian country house. Not only does
the six-bedroom home have carved
oak doors, chandeliers set in coffered
ceilings, and hand-painted vine coving, it
holds several surprises. Read spy classics
in the library and live the reality by
climbing up to the first floor via a secret
staircase found behind a bookcase in
the hallway. Outside there are topiary
borders, Japanese-style lawns and a koi
carp pond. A south-facing sun terrace
showcases the Edwardian water feature
and a pavilion overlooking woodland.
Air pollution 6.8mcg/m³; 1.8mcg/m³
above the WHO guideline of 5mcg/m³.
Upside The grounds are illuminated
with dawn-till-dusk lamps.
Downside The house has a lot of stone
steps, some of which are just decorative.
Contact jackson-stops.co.uk


£2.88 million


Tuscany
This stone farmhouse, built in 2017,
lies on top of the hills outside Siena.
Recently refurbished, the villa is part
of an estate of detached properties on
4,200 acres of land. This property has
three bedrooms, four bathrooms, and
a large external infinity pool that
overlooks vineyards. It spans 2,800 sq ft
over two floors and has historic features
such as a handmade stone patio, loggias
and vaulted terracotta ceilings. There is
also a wood-fired oven, perfect for
baking sourdough ciabattas or pizzas.
An 18-hole golf course is a few minutes’
drive away, while Siena is a
35-minute drive. The villa is well
connected to Florence: its airport is
just over an hour away by car.
Upside A blissful Italian bolthole.
Downside Tuscan summers can hit
a humid 31C and above.
Contact sothebysrealty.com

£3 million


View the UK’s most luxurious residential properties

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The traditional
approach to multi-
occupier buildings is
that freeholders own
the ground and buildings, with
leaseholders having a lease
allowing them to occupy the
flats etc for a fixed time. The
Commonhold and Leasehold
Reform Act 2002 introduced an
alternative, similar to “strata” or
“condominium” systems seen
elsewhere in the world.
Under a commonhold
scheme the freehold is owned
by a specially constituted
“commonhold association” of
flat-owners. Instead of leases a
“commonhold community
statement” regulates the
relationship between the
association and individual “unit
holders”. This means unit
holders’ stake in their
properties are not a wasting
asset and the freehold is always
owned by unit holders, not
outside investors.
But commonhold,
which the
government is keen
to encourage, is
still rare. Fewer
than 20
schemes
have been
introduced
in England
and Wales
despite a 2020
Law
Commission
report about
reinvigorating
the system and
a commitment
from the government

to simplify the system.
The procedure for conversion
from freehold to commonhold
is set out in sections two to ten
of the 2002 act. The registered
freehold owner applies to the
Land Registry to register land
as commonhold and lodges
various documents listed in
schedule one of the act —
including the articles of the
commonhold association and
the commonhold community
statement. At present,
leaseholders cannot force
freeholders to convert to
commonhold against their will.
But it may be possible to do this
in two stages, by first exercising
the right to collective
enfranchisement under the
Leasehold Reform, Housing
and Urban Development Act
1993 and then converting to
commonhold. The Law
Commission hopes it should be
possible to do it in one stage
once the 2002 act is amended.
If you are interested in
converting to
commonhold, you will
therefore have to
convince your
freeholder to bring
in a scheme — or
first acquire the
freehold through
a collective
enfranchisement
claim.
Mark Loveday is a
barrister with Tanfield
Chambers. Email
your question to
brief.encounter
@thetimes.
co.uk

What is the legal system known


as commonhold? Can we bring


in a commonhold scheme for
our estate?

3

Brief encounter


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