ABSTRACT

Reforming any aspect of the law of private property can be a tortuous and difficult exercise. There is evidence that the French system is in some difficulty because flat owners are reluctant to make the unavoidable concessions to regulations or the collective interest, which experience shows must be made if any flat ownership scheme is to succeed. It appears that flat unit holders in France are not prepared to live collectively, which is not surprising, yet their co-ownership scheme can only operate where they do so. Apart from this manifestation of individualism at the expense of any collective interest, which, since commonholds are admitted to be "strongly similar" to other schemes in the world, might affect commonholds, the tenure problem in the form faced by Aldridge no longer exists. Legislation would be essential if flat ownership is to be promoted in England and Wales.