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Illustrative quote

  • sale price: 180 000
  • (house -long leasehold / freehold)
  • fees                    395
  • (all inclusive)
  • including redeeming mortgage
  • vat:                    79

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purchase price:
                   245 000
(house - long leasehold / freehold)

fees                     495
all inclusive, that is
including SDLT
(stamp duty form)
including acting for Lender
including postage & telephone calls
including buying in joint names
including indemnity insurance
including I.D. check

vat                     99

stamp duty        1%

HM Land Registry280

electronic transfer
of funds              25

various searches- depending on your postcode:

local authority    
HMLR searches
Water & drainage
coal mining         
environmental     
chancel check    
brine search
tin mining search



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Please telephone 0161 866 8999
for your free quote

Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Buying / Selling Commonhold Land


Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |    

Abbreviations Used:

'CLRA 2002' means Commonhold and Leasehold Reform Act 2002;
'CLRR 2004' means the Commonhold (Land Registration) Rules 2004;
'CR 2004' means the Commonhold Regulations 2004;
'LRR 2003' means the Land Registration Rules 2003;
'CSS' means the Commonhold Community Statement;
'memos and arts' means the memorandum and articles of association of the Commonhold Association;
'CA' means commonhold association;
'LRFO' means the current Land Registry Fee Order.

'Unit-holder' means the person or persons entitled to be registered as the proprietor of the freehold estate in a unit (section 12 CLRA 2002)

'transitional period' relates to the applications without unit-holders and means the period between registration of the freehold estate in Land as a freehold estate in commonhold Land and when a person other than the applicant becomes entitled to be registered as the proprietor of the freehold estate in one or more, but not all, of the commonhold units (section 8(1) CLRA 2002)

'Commonhold Associations' means a private company limited by guarantee, its membership consisting exclusively of all the unit holders in the development (section 34 CLRA 2002).

'unit' means each property in the commonhold development as defined in the CSS. A unit may for example comprise a flat, bin store and garage or it may just comprise a flat with the bin store and a garage each comprising separate units. Each unit will be registered under a separate title number.

'common parts' means every part of the commonhold which is not a unit and is registered under a single title number (section 25(1) CLRA 2002).

'termination application' means an application to Land Registry that all the Land for which a CA exercises functions should cease to be commonhold Land (section 46 CLRA 2002)

'succession order' means an Order of the Court that the successor CA is entitled to be registered as the proprietor of the common parts in the place of the insolvent commonhold association (section 52(2) CLRA 2002).

Part 1 of the CLRA 2002 is in force from 27 September 2004 (with the exception of section 21(4) and (5)). It creates a new way of owning freehold properties which have communal facilities.  The unit-holder owns the freehold interest in the unit and is a member of the CA which owns and manages the common parts. Part of the common parts may be limited use or permitted use areas which are restricted as to who may use them or the kind of use to which they may be put.

The CR 2004 govern the formation, running and termination of commonhold communities.

The CLRR 2004 govern the documents that should accompany applications which are made to Land Registry.


Preparing to register commonhold Land / Property

Land which may or may not be commonhold:

Land / Property may only be commonhold if it is already registered with an absolute freehold title.  Conveyancing Solicitors and Property Lawyers can, however, submit an application for the first registration of the Land / Property at the same time they submit the application to register the Land as commonhold. Land Registry will complete the first registration application before the commonhold application is considered.

Land / Property which may not be commonhold includes (schedule 2 CLRA 2002):
- a flying freehold;
- agricultural Land;
- Land which relates to a contingent estate, i.e. it is liable under certain statutes to revert to someone other than the registered proprietor.

A commonhold development must comprise at least two units.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

 
. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Buying / Selling Commonhold Land 2)

Please telephone Paul on 0161 866 8999 if you require any further information. 


      

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Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Tel: 0161 866 8574

 
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