§ 39. Mr. Shepherdasked the Attorney-General if he is aware that the Law of Property Act in England and Wales, in so far as it relates to the holding of flat properties, is not as satisfactory as that of Scotland; and whether he will seek to amend the law to enable owners of flats in England and Wales to be in as satisfactory a position as those in Scotland.
§ The Attorney-General (Sir John Hobson)The main advantage of the Scottish law appears to be that it enables certain positive obligations, such as the duty to keep a roof or supporting wall in repair, to be mutually enforceable between the owners of freehold flats. My noble Friend, the Lord Chancellor has recently appointed a committee under the chairmanship of Mr. Justice Wilberforce to consider whether, and to what extent, it is desirable to amend the English law relating to the enforcement and assign ability of positive covenants affecting land, and I think we should await the recommendations of this committee.
§ Mr. ShepherdWill my right hon. and learned Friend bear in mind that one of the practical effects of the law is that no building society can give an advance on a freehold flat in this country, and that this is, clearly, undesirable?
§ The Attorney-GeneralCertainly, Sir. That is the practical coinsequence of the difference between the two systems of law. That is why my noble Friend has appointed a committee to consider whether English law could not be made the same as Scottish law in this respect.