New Storeys Added on top of Buildings in England & Wales

choi

Regarding the May 13, 2021 posting "Genghis Khan."  Just now I added the subtitle (which I overlooked) and Note (a)(ii) -- (a)(i) was about Belknap Press.

Maxwell Carter, An Empire on the Move; Chinggis's true aim was not to annihilate enemies so much as to absorb them, and thereby compound his dynasty's economic power. Wall Street Journal, Apr 10, 2021

Note:
(a)
(i)
(A) Belknap Press is an imprint of Harvard University Press.
(B) In 1949 Waldron Phoenix Belknap, Jr established Press within Harvard University Press. He had received AB in 1920 and architecture degree in 1933, both from Harvard, and then worked for eight years in investment and finance.
(ii) illustration caption in print: "SELF PROMOTION  Temüjin proclaims himself Chinggis Khan, from a manuscript of Rashid al-Din."
(A) Rashid al-Din Hamadani
https://en.wikipedia.org/wiki/Rashid_al-Din_Hamadani
(1247–1318 born and died in present-day Iran; born as a Persian Jew but converted to Islam at 30; a court official of Ilkhan Mahmud Ghazan; section 2 Jāmiʿ al-Tawārīkh)
• An epithet meaning holy war fighter, Ghazan is not his surname.
• About ilkhan. This Wiki page does not explain, but Encyclopaedia Britannica says an "il-Khan" was "a subordinate khan" and Wiktionary.com says "a provincial khan, especially in Iran between the 13th and 14th centuries."

Ilkhan (title)
https://en.wikipedia.org/wiki/Ilkhan_(title)  
(Turkic languages)
(B) Name of Rashid al-Din in the preceding Wikipedia page is also written Rashid al-Din Hamadani and another time Rashīd al-Dīn Faḍlullāh Hamadānī. What was his true name?  

Encyclopedia.com says "al-Din, Fazlallah Tabib al-Hamdani, 'the physician from Hamadan [name of a city, then and now, in Iran].' "

Arabic-English dictionary:
* فضل الله  means "Allah's grace."
   ^ Its transliteration is Fazlallah
      https://en.wikipedia.org/wiki/Fazlallah  
      ("composed of the elements Fadl [فضل: Arab for grace or virtue] and Allah")
* طبيب (noun masculine; transliteration: ṭabīb): "doctor, physician"
https://en.wiktionary.org/wiki/طبيب
(C) Rashid (name)
https://en.wikipedia.org/wiki/Rashid_(name)


=========================
Ruth Bloomfield, When Penthouses Get Demoted; Looser development rules mean more London Penthouses owners may lose their prime positions and property value. Wall Street Journal, Apr 16, 2021, at page M1 (italic original).
https://www.wsj.com/articles/if- ... -longer-11618423516

My comment:
(a) I was drawn to this article, for by penthouse, freehold, leasehold, housing shortage and how to alleviate it. This article only addressed the last, so I search the Web for the rest. It appears that this article , by penthouse, refers to the top apartment, whose outward appearance is the same as the lower apartments in the building.

(b) “She [Jacky Erteman] and her neighbors are leaseholders, a legal status commonplace in Britain. Put simply, it means that while they own their apartments, a separate company, the freeholder, owns their actual building and the airspace above it, a system of ownership that dates back to the feudal system in the Middle Ages. * * * Sebastian O'Kelly, a director of the Leasehold Knowledge Partnership, which offers advice to leaseholders, said the whole system needs to be overhauled to protect apartment owners. “At the moment there is no automatic right to compensation for these developments,' for unit owners who are not freeholders, he said. 'The whole system was set up to protect the aristocracy from having to give up their lands, but it now only exists in England and Wales. * * * ' "
(i) In textbooks and treatises of (American) state laws -- federal law usually does not concern itself with this -- terminology of real property (including housing) is hard to comprehend, handed down from Medieval England -- feudal system, that is.
(i) Today I do a quick research on Massachusetts state law, and there is nothing about freehold. (That explains why I have been stumped by this term.) So the quotation is correct, that freehold is currently in England and Wales only.
(ii)
(A) John W Bruce, Review of Tenure Terminology. Tenure Brief, by Land Tenure Center, University of Wisconsin--Madison, July 1998
https://minds.wisconsin.edu/bits ... 93/22013/73_tb1.pdf

The first two paragraphs (there is no need to read the rest):

"1. Land tenure Terms [which is sectional heading]   

"The term 'tenure' comes fromEngland feudalism. After their conquest of England in 1066, the Normans declared all previous land rights void and replaced them with grants from their new monarchy. Derived from a Latin term for holding or possessing, land tenure means the terms on which something is held: the rights and obligations of the holder. Land tenure is a legal term that means the right to hold land rater than the simple fact of holding land. One may have tenure but may not have taken possession. * * *

"With the emergence of capitalism in England, landholders struggled to reduce the obligations under their land tenure. They forced the monarchy to simplify the system into two basic tenures: freehold and leasehold. (Fee simple and fee simple absolute are technically synonymous with freehold and private ownership.) Under freehold, land is held free of obligations to the monarchy or state. Today, we usually call this private ownership. Leasehold is when land is rented by someone other than the owner for a specified period.

(B) Leasehold v Freehold – what's the difference?   London: HomeOwners Alliance, undated
https://hoa.org.uk/advice/guides ... ats-the-difference/

two paragraphs:

"There are two fundamentally different forms of legal ownership: freehold and leasehold. * * * If you own the freehold, it means that you own the building and the land it stands on outright, in perpetuity. It is your name in the land registry as 'freeholder,' owning the 'title absolute.' * * * • You won't have to pay annual ground rent

Leasehold means that you just have a lease from the freeholder (sometimes called the landlord) to use the home for a number of years. The leases are usually long term – often 90 years or 120 years and as high as 999 years – but can be short, such as 40 years [I have found nothing like months or a year]. • A leaseholder has a contract with the freeholder, which sets down the legal rights and responsibilities of either side   • The freeholder will normally be responsible for maintaining the common parts of the building, such as the entrance hall and staircase, as well as the exterior walls and roof. * * *

(C) In England and Wales the short-term rental of real property is "assured shorthold tenancy (AST)," with a contract that usually covers "between 6 months and 3 years."

Also in England and Wales, the term tenant applies to a renter in both assured shorthold tenancy and leasehold. For the latter, see
Residential Long Leaseholders A guide to your rights and responsibilities.
https://assets.publishing.servic ... le/9432/leaflet.pdf
("What is the leasehold system?  Almost all flats [ie, apartments] in England and Wales are leasehold, as are many houses. As a long leaseholder (ie a tenant under a long lease)" * * * )
(iii) English words.
(A) tenure (n): "[first appeared in English in] early 15 c * * * from Latin [verb] tenere to hold (see tenet) * * * "
https://www.etymonline.com/word/tenure
(B) "For an estate to be a freehold, it must possess two qualities: immobility (property must be land * * *) and ownership of it must be forever ('an indeterminate duration'). If the time of ownership can be fixed and determined, it cannot be a freehold. It is 'An estate in land held in fee simple, fee tail or for term of life.' "  en.wikipedia.org for "freehold (law)."
https://en.wikipedia.org/wiki/Freeholder
(C) The English noun fee (for payment) comes from
fee (disambiguation)
https://en.wikipedia.org/wiki/Fee_(disambiguation)  
(may also refer to "fee (feudal tenure), or fief, fiefdom")

Click it and one reaches a Wiki page titled fief
https://en.wikipedia.org/wiki/Fief
("The odd appearance of the second f in the form fief")

So fee and fief were the same in feudal times of England.
(D) fee (n)
https://www.etymonline.com/search?q=fee
(cattle; "the word came to be used for * * * 'payment for (any kind of) work or services; (late 14c)” )
(iv) The bottom line is the reporter is wrong to say leaseholders in this article "own" their flats.
(v) penthouse apartment
https://en.wikipedia.org/wiki/Penthouse_apartment


(c)
(i) "In September [2020], Robert Jenrick, the British government minister who leads on housing and planning matters, announced that regulations would be relaxed, making it even easier to add one or two extra stories to apartment buildings of three stories or more that date from between 1948 and 2018 * * * Previously, such projects required the local council to issue building permits and residents had the ability to lobby against the work and potentially get it vetoed. But now, developers can often add extra floors without need for council approval"

Mark Morris, Upward Extensions: Adding 2 Storeys to Your House Without Planning Permission. Urbanist Architecture, Dec 15, 2020
https://urbanistarchitecture.co.uk/extending-houses-upwards/
("The new permitted development rights are established by the catchily named The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020" which was laid before Parliament on July 21, 2020 and came into fore on Aug 31, 2020)
(ii) Mr Morris's  article did not mention reinforcement. Another article in the Web says that strengthening of a building to be extended upwards come from upside the building or from added beams after holes are drilled inside the building to place beams.
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