Land Law: Commonhold Model vs. Scottish Tenements Approach

This essay delves into land law, examining the commonhold model and its deficiencies, and proposes leveraging the Scottish tenements approach for improvement, emphasizing shared ownership and mutual decision-making. It further discusses the differing rights between flat and house lease owners, attributing the disparity to the varying ownership structures and responsibilities associated with each type of property. The analysis underscores how these differences impact the management and liabilities associated with property ownership under land law.

Land Law

Contents
QUESTION 1..................................................................................................................................3
How may the Government seek to overcome the deficiencies in the commonhold model and
would an approach like Scottish Tenements work?....................................................................3
QUESTION 2..................................................................................................................................3
Is there a sensible excuse as to why the rights between flat and house lease owners should be
different?......................................................................................................................................3
REFERENCES................................................................................................................................5

QUESTION 1
How may the Government seek to overcome the deficiencies in the commonhold model and
would an approach like Scottish Tenements work?
The commonhold model is the alternative to long leasehold system which allows freehold
of the individual flats, non-residential units and houses in the estate or building, apart from
leasehold, there is no such limit as to how long an individual can own property1. There are many
problems being faced by this model to which the recommendation is being provided which are
undermining its use which includes enabling the commonhold to be made used for the large and
mix use development and accommodating not just residential property but also the restaurants,
shops and the leisure facilities2. But Scottish tenements is the multi occupancy building which is
shared by various dwellings, mainly with apartments and flats on each of the floor which have
shared entrance stairway access. The approach of Scottish tenements will work best for making
the improvement in the commonhold model as there will be shared ownership of all flat owners
so that mutual decisions can be taken among all which will be beneficial for all3. Moreover, this
approach will help in sharing the ownership of all the owners together so that there is less
overcrowding in the city.
QUESTION 2
Is there a sensible excuse as to why the rights between flat and house lease owners should be
different?
As according to Land law, when the property is being carried out they use to be the asset
and all the rights and the responsibility with it lies with the owner. Their seems that all the flats
and the house lease owner use to share different right4. as the flat are merely the areas where
different families use to occupy the property on rental basis or on lease and this made it sharing
the liabilities regarding the building and their emerges different property holders and all of them
have the same rights and responsibility but for their owned spaces. whereas in the house their
1 C. W, 'Public Land Law: Jurisdiction Of Land Department' (2018) 2 California Law Review
2 Aitken‐Sykes R, 'Commonhold – A Problem Or An Opportunity?' (2016) 9 Property Management
3 Reinvigorating Commonhold (2019)
4 'Real Property. Prior Lease Of Lands. Subsequent Lease Of Mining Rights' (2018) 3 Virginia Law
Review

seems that it is generally being made by the single holder and that person use to manage all the
essential rights and the responsibility withstand5. So their seems to be created a major difference
in both the flat and the house. both of them should share all the rights of lease owner differently
as the possession, area and the responsibilities were different and they carry out the general
perception through managing the one property by the single owner and the other property by so
many owners and their will not be any other person who can show their rights on house which
was holder by the single person. and according to the land law and the right to possession of
property their seems to be given all the responsibilities with the major working in all the
acquisition of property and their holding6.
5 Farrow S, 'Lease Delay Rights' (2017) 13 Resources Policy
6 Smith A, and McDermott T, 'Deskbook On Land Titles And Land Law' (2015) 54 Michigan Law Review

REFERENCES
Books and Journals
C. W, 'Public Land Law: Jurisdiction Of Land Department' (2018) 2 California Law Review
Aitken‐Sykes R, 'Commonhold – A Problem Or An Opportunity?' (2016) 9 Property
Management
Reinvigorating Commonhold (2019)
'Real Property. Prior Lease Of Lands. Subsequent Lease Of Mining Rights' (2018) 3 Virginia
Law Review
Farrow S, 'Lease Delay Rights' (2017) 13 Resources Policy
Smith A, and McDermott T, 'Deskbook On Land Titles And Land Law' (2015) 54 Michigan Law
Review