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Malekshad v Howard de Walden Estates Ltd

Series: Estates Gazette ; [2001] 38 EG, 190-198(9)Publication details: 2001Subject(s): Online resources: Summary: CA 23 May 2001. Lessee (A) served a notice on landlord (B) under Leasehold Reform Act 1967 claiming to acquire the freehold. The property consisted of a terraced residential building and a mews cottage. Until the 1970s the two buildings had been linked by a basement. Between 1970 and 1977 this access between the two was physically obstructed. The judge ruled that the buildings could not reasonably be called a single house under Leasehold Reform Act 1967 s2. In addition, due to the existence of a basement under each building, there was a material part that lay below part of the structure not comprised in each house. A appealed. Appeal allowed. Held that the property remained a single house for the purposes of the 1967 Act. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/3F934916BF7D101480256A56005777BB?OpenDocument.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS64562 (Browse shelf(Opens below)) 1 Available 114872-1001

CA 23 May 2001. Lessee (A) served a notice on landlord (B) under Leasehold Reform Act 1967 claiming to acquire the freehold. The property consisted of a terraced residential building and a mews cottage. Until the 1970s the two buildings had been linked by a basement. Between 1970 and 1977 this access between the two was physically obstructed. The judge ruled that the buildings could not reasonably be called a single house under Leasehold Reform Act 1967 s2. In addition, due to the existence of a basement under each building, there was a material part that lay below part of the structure not comprised in each house. A appealed. Appeal allowed. Held that the property remained a single house for the purposes of the 1967 Act. Full copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/3F934916BF7D101480256A56005777BB?OpenDocument.