HC Deb 01 December 1975 vol 901 cc1252-3
66. Mr. Guy Barnett

asked the Attorney-General how soon he expects to receive a report from the Law Commission of its review of rights appurtenant to land.

The Solicitor-General (Mr. Peter Archer)

Following publication on 5th July 1971 of the Law Commission's Working Paper on Appurtenant Rights (No. 36), it was found necessary to postpone further consideration of this complicated subject owing to the heavy demand on the Commission's programme of law reform. Work on appurtenant rights will be resumed in the near future, but it is too soon to predict when the Commission's recommendations will be submitted.

Mr. Barnett

Is my hon. and learned Friend aware that there is at least one matter in this review which is vitally urgent—the question of the difficulties faced by those who seek to obtain loans on freehold maisonettes and flats because positive covenants do not go from one owner of these properties to another? In view of the fact that this causes delays in the occupation of such properties, certainly in areas where there is already a shortage of accommodation anyway, will my hon. and learned Friend see that the Law Commission takes up this matter, considers it urgently and makes recommendations on the basis of which he and his right hon. and learned Friend can act?

The Solicitor-General

No one underrates the importance of a number of matters relating to this subject. I will see that my hon. Friend's comments are drawn to the attention of the Law Commission.