Tyneside flats :a paradigm tenure for interconnected dwellings

Abstract

‘Tyneside Flats’ are typically terraced buildings comprising pairs of self-contained flats and are particularly prevalent on Tyneside in north eastern England. This thesis examines the land tenure arrangements used for individual Tyneside Flats and the enforcement of land obligations between flat owners. This provides an interesting model for tenurial arrangements across England and Wales where there are interconnected buildings and other small blocks of self contained flats. The thesis includes an analysis of qualitative and quantitative research data obtained from north eastern conveyancers. The first introductory chapter explains the background to the research project and the research objectives. It also contains the research questions and an overview of the literature and methodology used. Chapter two puts Tyneside Flats in their historical context and describes their architectural features. The judicial development of the law of positive freehold obligations from the nineteenth century onwards is analysed in chapter three. Past and present law reform proposals and the 2002 commonhold legislation are assessed in chapter four. In the 1980s a mixed freehold/leasehold arrangement for Tyneside Flat transfer was promulgated by Newcastle Law Society. This standard structure and other alternative freehold conveyancing devices are considered in chapter five. Chapter six contains a detailed and technical analysis of the impact of modern leasehold legislation on the standard form arrangement. The methodology used for data collection is described in chapter seven. Chapter eight examines how the standard Tyneside Flat documentation works in practice. This key chapter analyses qualitative and quantitative research data in detail. The final concluding chapter contains an overview of the research questions and results. It includes recommendations for legislative reform and the future prospects for the standard form arrangement and a freehold land obligation alternative.