Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/1375
Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: Cultural expectations of homeownership. Explaining changing legal definitions of flat 'ownership' within Britain
Authors: Robertson, Douglas
Contact Email: d.s.robertson@stir.ac.uk
Keywords: Multi-owned property
flats
home-ownership
property law
Issue Date: Jan-2006
Publisher: Taylor & Francis (Routledge)
Citation: Robertson D (2006) Cultural expectations of homeownership. Explaining changing legal definitions of flat 'ownership' within Britain, Housing Studies, 21 (1), pp. 35-52.
Abstract: Following the break-up of privately rented flats in both England and Wales, and Scotland, two distinct property 'ownership' systems emerged. Each sought to provide individual 'ownership' of the flat and collective management of the block in which the flat was contained. Leasehold 'ownership' effectively retained the previous landlord tenant relationship because of a peculiarity in English law that only allows 'positive covenants' - such as maintenance obligations, to be enforced on the first purchaser of a flat, not subsequent purchasers. Although in Scotland outright individual ownership of a flat was legally possible, the management arrangements covering the common parts of the building have not proved satisfactory. Neither legal arrangement put in place an 'ownership' or 'governance' regime which matched popular cultural expectations of what individual home ownership should constitute. The scale of and scope of property law reform over the last 30 years illustrates how these popular cultural expectations have demanded due recognition within the British property system.
Type: Journal Article
URI: http://hdl.handle.net/1893/1375
DOI Link: http://dx.doi.org/10.1080/02673030500391080
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author; you can only request a copy if you wish to use this work for your own research or private study.
Affiliation: Applied Social Science

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