The commonhold of buildings, floors and apartments in the English law:An analytical comparative study with the Iraqi civil law

Section: RESEARCH
Issue
Vol. 25 No. 84 (2023): Volume 25 Issue 84
Published
Sep 1, 2023
Pages
198-255

Abstract

The commonhold of parts in buildings, floors, and apartments in English law is one of the types of real estate ownership that occurs on real estate built vertically, especially buildings, which are divided into groups of units such as apartments, offices, and shopping centers. The legal regulation of this type of common ownership in English law is relatively recent, introduced by the English legislator through the legislation reforming the system of ownership of common parts in floors and apartments and their long lease for the year 2002. This type of ownership is managed by a federation or association for managing ownership of common parts In buildings, floors and apartments, which undertakes to issue a statement known as the statement of the Common Parts Ownership Management Association. As for the Iraqi law, it regulated the ownership of common parts in buildings, floors, and apartments in two laws: the first is the Law No. 61 of 2000 regulating the ownership of floors and apartments in Iraqi buildings, and the second is the Real Estate Registration Law No. (43) for the year 1971, which included the system of ownership of floors and apartments in Articles ( 290-297) from him. At a time when the Iraqi Civil Law No. (40) of 1951 included the system of upper and lower in Articles (1082-1086) thereof.

References

  1. <https://legal-dictionary.thefreedictionary.com/commonhold>. Accessed 22 October 2020.
  2. <https://www.investopedia.com.> Accessed 6 September 2020.
  3. <https://www.lawteacher.net/cases/williams-v-hensman.php>. Accessed 22 October 2020.
  4. <https://www.nelsonslegal.co.uk/joint-ownership/> Accessed 6 July 2020.
  5. <https://www.seddons.co.uk/our-thinking/enforcement-freehold-positive-covenants-against-successors-title. 22 October 2020>. Accessed 22 October 2020.
  6. Alison Clarke & Paul Kohler. Property Law, Commentary and Materials. (First Edition. Cambridge University Press. 2005).
  7. Barlow Burke and Joseph Snoe. Property. (Fifth Edition. Wolters Kluwer. New York. 2016).
  8. Ben McFarlane, Nicholas Hopkins, and Sarah Nield. Land Law Text cases and Materials. (Second Edition. Oxford University Press. 2012).
  9. Chris Davies. Property Law Guidebook. (Second Edition. Oxford University Press. 2015).
  10. David Stott, Alexandra Felix.Principles Of Administrative Law. (Cavendish Publishing Limited. London Sydney.1997).
  11. Diane Chappelle. Land Law. (Eighth Edition. Pearson Education Limited, Longman. 2008).
  12. Douglas Wood. Law and the Built Environment. (First Edition. MACMILLAN PRESS LTD.London. 1999).
  13. Duncan Sheehan. The Principles of Personal Property Law. (Second Edition. Hart publishing. Oxford. 2017).
  14. Elizabeth Cooke. Modern Studies in Property Law. (Volume 4. HART Publishing. 2007).
  15. Elizabeth Cooke. The New Law of Land Registration. (Hart Publishing. 2003).
  16. H Burn and J. Cartwright. Cheshire and Burn's Modern law of Real Property. (Seventeenth Edition. Oxford University Press. 2006).
  17. Ian Ellis-Jones, David Barker. Essential Administrative Law. (Second Edition. Cavendish Publishing Limited. London Sydney. 2001).
  18. John Duddington. Land Law. (Third Edition. Longman, Pearson Education Limited. London. 2011).
  19. John Wilman. Brown: GCSE Law. (Ninth Edition. Thomson Sweet & Maxwell, 2005).
  20. Kate Green. Land Law. (Third Edition. MACMILLAN LAW MASTERS. 1997).
  21. Kevin Gray and Susan Francis Gray. Elements of Land Law. (Fifth Edition. Oxford University Press. 2009).
  22. Louise Tee. Land Law. Issues Debates, Policy. (Routledge Taylor & Francis Group. London. 2014).
  23. Lynn T. Slossberg.The Essentials of Real Estate Law. (Third Edition. CENGAGE Learning. 2015).
  24. Martin Dixon. Modern Land Law. (Seventh Edition. Routledge Taylor & Francis Group. London and New York. 2010).
  25. Martin Dixon. Principles of Land Law. (Fourth Edition. Cavendish Publishing Limited. London. 2002).
  26. Meryl Thomas. Blackstone's statutes on Property Law 2017-2018. (Twenty-Fifth Edition. Oxford University Press. 2017).
  27. Neil Duckworth and Anne Rodell. Property Law and Practice. (College of Law Publishing. Braboeuf Manor, Portsmouth Road, St Catherines, Guildford. 2010) .
  28. Neil Hawke, Neil Parpworth. Introduction to Administrative Law. (Cavendish Publishing Limited. London Sydney. 1998).
  29. Peter Sparkes. A New Land Law. (Second Edition. Hart Publishing. Portland, Oregon. 2003).
  30. Richard Card. John Murdoch, Sandi Murdoch. Real Estate Management Law. Seventh Edition. Oxford University Press.2011.
  31. Rojer J. Smith. Introduction to Land Law. Second Edition. Longman Pearson Education Limited. 2010.
  32. Rojer J. Smith. Property Law: Cases and Materials. Fifth Edition. Pearson Education Limited. Essex England. 2012.
  33. Rojer J. Smith. Property Law. Eighth Edition.PEARSON Education Limited. London. 2014.
  34. Samantha Hepburn. Principles Of Property Law. Second Edition. Cavendish Publishing. London. 2001.
  35. The Commonhold and Leasehold Reform Act 2002.
  36. The Explanatory Notes of Commonhold and Leasehold Reform Act 2002.
  37. Trevor Buck, Richard Kirkham, Brian Thompson. The Ombudsman Enterprise and Administrative Justice. Ashgate Publishing Limited. Surrey England. 2011.

Author

Younis Al-Mukhtar

Department of Law. College of law and international & diplomatic relations. Jihan private University. Erbil. Iraq

ORCID

Identifiers

https://doi.org/10.33899/alaw.2020.127722.1089
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