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
continued from page 9 . . .
Land Registry response
Insuffiently clear or accurate plans:
Rule 8 CLRR 2004 states that the Registrar may return to the Conveyancing Solicitor and Property Lawyers any application on delivery or he may cancel it at any other time if the plans submitted with it (whether as part of the CCS or as part of any other document) are insufficiently clear or accurate.
The Registrar will also return an application where the plans are inconsistent with the description in annex 2 of the CCS or conflict with the latest ordnance survey map.
To avoid the application being returned, Conveyancing Solicitors and Property Lawyers can ask Land Registry to approve the plans before submitting the application.
Section : The CCS plan sets out the requirements and specification for a CCS plan.
Applications otherwise not in order:
Rule 16 Land Registration Rules 2003 (Applications not in order) applies to applications under the CLRA 2002 in the same way as it applies to applications under the Land Registration Act 2002.
This allows us to raise requisitions concerning the application and, if it appears to be substantially defective, reject it on delivery or cancel it at any other time.
Land Registry would consider applications to be substantially defective if the correct documents are not lodged by Conveyancing Solicitors and Property Lawyers.
Land Registry would also consider an application to register a multiple-site commonhold to be substantially defective if a unit was situated partly on one part site and partly on another in contravention of regulation 7 CR 2004.
Preliminary Service Applications
Search of the Index Map:
When Conveyancing Solicitors and Property Lawyers make a search of the index map in form SIM and include details of a Property which is a commonhold unit, the search result will reveal:
- the title number of the unit
- any registered leasehold titles of the unit
- the title number of the common parts
When Conveyancing Solicitors and Property Lawyers describe the common parts in the Property description, the search result will reveal:
- the title number of the common parts
- any registered Lease of the common parts
- the title numbers of all the units in the commonhold development
- any registered leasehold titles of a unit
- any other freehold or leasehold title not part of the commonhold development but included within its geographical boundaries, e.g. underground railways, mine workings etc.
If Conveyancing Solicitors and Property Lawyers searching the index map require the title number of all the units in a commonhold development, he or she must insert the common parts title number followed by the words 'common parts' in panel 2 of the form SIM or supply a plan of the commonhold development showing sufficient details to enable the Land to be clearly identified on the ordnance survey map.
Official Copies:
A request by Conveyancing Solicitors and Property Lawyers for official copies of a common parts title will always generate a copy of the register and title plan or certificate of inspection in form CL (certificate CL), even if a copy of the register alone, or the title plan / certificate CL alone, has been requested. Where Conveyancing Solicitors and Property Lawyers are applying for a copy of the register (Property Title Deeds) and title plan or certificate CL of the common parts title, a fee is payable to Land Registry.
The usual fees for official copies apply for all other applications against commonhold titles in the normal way.
An application for official copies of a unit title or a common parts title must be made in form OC1 and a separate application must be lodged for each title.
If the Conveyancing Solicitors and Property Lawyers do not know the title number and are lodging the application:
- by post / DX they should write 'please supply title number' in panel 2 and the description of the unit in panel 3
- through the Land Registry telephone services: they should ask for the official copy (please supply title) service
- using one of the electronic delivery methods: use the 'Official Copy - title unknown' menu option.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 11 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 10)
Please telephone Paul on 0161 866 8999 if you require any further information.
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