Collins v Howard de Walden Estates Ltd
Collins v Howard de Walden Estates Ltd
- 2003
- Estates Gazette [2003] 37 EG 137-143(7) .
[2003] EWCA Civil 545, 16 April 2003. Appeal by the freeholder (HDW) from a judgment granting a long leaseholder (C) entitlement to acquire the freehold under the Leasehold Reform Act 1967 of two adjacent houses, of which C owned the headlease. Until 1977 the two properties were separate when a communicating door was made through the party wall. HDW disputed C's right to acquire the freehold as the properties did not constitute a dwelling house within s1 of the Act, rather that the properties were two houses or one property divided vertically and thus excluded by s2(1)(b) of the Act. It was judged to be one house (see Abs65853) and HDW appealed. "Held": appeal dismissed. Following "Malekshad v Howard de Walden Estates Ltd " ([2002] UK HL49; Abs66268) the properties rightly constituted a house within the meaning of s2(1) and were not divided vertically in the manner contemplated by s2(1)(b). View judgment at www.courtservice.gov.uk.
LEASEHOLD REFORM ACT 1967 S2(1)(B)
LEASEHOLD REFORM ACT 1967 S2(1)
FREEHOLD
RIGHT TO ACQUIRE
MALEKSHAD V HOWARD DE WALDEN ESTATES LTD
VERTICAL DIVISION
LEASEHOLD ENFRANCHISEMENT
Party walls
DWELLING HOUSES
COLLINS V HOWARD DE WALDEN ESTATES LTD
[2003] EWCA Civil 545, 16 April 2003. Appeal by the freeholder (HDW) from a judgment granting a long leaseholder (C) entitlement to acquire the freehold under the Leasehold Reform Act 1967 of two adjacent houses, of which C owned the headlease. Until 1977 the two properties were separate when a communicating door was made through the party wall. HDW disputed C's right to acquire the freehold as the properties did not constitute a dwelling house within s1 of the Act, rather that the properties were two houses or one property divided vertically and thus excluded by s2(1)(b) of the Act. It was judged to be one house (see Abs65853) and HDW appealed. "Held": appeal dismissed. Following "Malekshad v Howard de Walden Estates Ltd " ([2002] UK HL49; Abs66268) the properties rightly constituted a house within the meaning of s2(1) and were not divided vertically in the manner contemplated by s2(1)(b). View judgment at www.courtservice.gov.uk.
LEASEHOLD REFORM ACT 1967 S2(1)(B)
LEASEHOLD REFORM ACT 1967 S2(1)
FREEHOLD
RIGHT TO ACQUIRE
MALEKSHAD V HOWARD DE WALDEN ESTATES LTD
VERTICAL DIVISION
LEASEHOLD ENFRANCHISEMENT
Party walls
DWELLING HOUSES
COLLINS V HOWARD DE WALDEN ESTATES LTD