000 01988cam a2200289 4500
001 ABS66725
008 030520n2003 000 0 eng u
035 _a(Sirsi) u122327
245 _aCollins v Howard de Walden Estates Ltd
260 _c2003
490 _aEstates Gazette
_v[2003] 37 EG 137-143(7)
520 _a[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.
590 _aABS
650 _aLEASEHOLD REFORM ACT 1967 S2(1)(B)
650 _aLEASEHOLD REFORM ACT 1967 S2(1)
650 _aFREEHOLD
650 _aRIGHT TO ACQUIRE
650 _aMALEKSHAD V HOWARD DE WALDEN ESTATES LTD
650 _aVERTICAL DIVISION
650 _aLEASEHOLD ENFRANCHISEMENT
650 _aParty walls
_96258
650 _aDWELLING HOUSES
650 _aCOLLINS V HOWARD DE WALDEN ESTATES LTD
690 _aLANDLORD AND TENANT-LEASES-CASE LAW
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/545.html&query=Collins+and+v+and+Howard+and+de+and+Walden+and+Estates+and+Ltd&method=boolean
_zView the judgment free of charge at www.bailii.org
942 _n0
999 _c72695
_d72695