English commonhold:a failed experiment?

Commonhold is a new modified form of freehold tenure and represents the meritworthy objective of better spreading around the freehold ownership of land and the bringing to an end the notion of leasehold tenure in relation to phsyically interdependent buildings. This article considers the nature of English Commonhold as a new modified species of freehold tenure for physically interdependent buildings and seeks to investigate the reason(s) as to its non-use in England and Wales. The paper surveys current literature so as to highlight various contemporary academic and professional criticisms of the current Commonhold Scheme as laid out in the Commonhold and Leasehold Reform Act 2002 and it also includes the results of an emprical survey commissioned by the author which details the perception of Commonhold from the perspective of conveyancing solciitors and their clients. Certain conclusions are drawn which attempt to explain the lack of enthusiasm for Commonhold amongst the property industry and a number of reccommendations are made as to how the use of Commonhold in England and Wales can be increased.