Schedule 2: Land which may not be commonhold land (section 4)
310.Paragraph 1 forbids the development of commonhold land at first floor level
or above unless all the land below it and down to the ground is subject to the same application. This is to avoid the risk which attends ‘flying freeholds’, particularly the problems of enforcing any covenants relating to access and support.
311.Paragraph 2 relates to the development of agricultural land and paragraph 3 prevents commonhold land being created out of land which is held contingent on external events. In the first instance, land which is held subject to a grant under the Schools Sites Act 1841 reverts to the grantor when the land in question ceases to be used for a school, and in the second, the ownership of the land is contingent on some future event. For example, the land may be held by A until B reaches the age of 25, when it passes to B.
