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 10 . . .
Preliminary Service Applications
Official Copies:
If official copies of the CCS or memorandum and articles are required, Conveyancing Solicitors and Property Lawyers must make an application in form OC2.
If Conveyancing Solicitors and Property Lawyers require official copies of previous versions of the CCS or memorandum and articles they must make an application, by post or DX to the appropriate Land Registry office in form OC2. They must enter full details in the 'Documents which are not referred to in the register' section of panel 7.
A set of official copies will be issued to the Conveyancing Solicitors and Property Lawyers for the applicant when a commonhold application for registration without unit-holders is completed. This set will comprise official copies of the register and title plan for each unit in the development and an equivalent number of official copies of the common parts title plus one additional set of the common parts title. The applicant can then issue these to prospective purchasers of the units.
Official Searches:
There are no special arrangements for making an official search of a commonhold unit or common parts registered title. Conveyancing Solicitors and Property Lawyers should lodge the application as they would for any official search.
Outline Applications:
An outline application can be made to secure priority for applications against commonhold titles that cannot be protected by an official search with priority of the register (Property Title Deeds).
Stamp Duty Land Tax:
Most transactions under the CLRA 2002 are Land transactions above the current exemption threshold and therefore potentially liable to the payment of stamp duty land tax.
If consideration has been paid as part of the transaction, above the current exemption threshold, a Land transaction return certificate must be lodged by the Conveyancing Solicitors and Property Lawyers:
- to register a freehold estate in commonhold Land, both with and without unit-holders
- for commonhold Land to cease to be registered as commonhold Land during the transaction period
- to register an amended CCS when a unit is being added to the common parts under section 30(4) CLRA 2002
- to add Land / Property
- to note the surrender of a development right
- to register the extinguishment or extension of a charge over a unit
- to register transfers of part of unit and common parts titles
- the vesting of the common parts in the CA at the end of the transitional period
- to register a successor CA
The following transactions are not Land transactions:
- the vesting of the common parts in the CA at the end of the transitional period
- the winding up of a CA
- an alteration to the memorandum and articles
- an application to register freehold estate in commonhold Land without unit-holders
- where commonhold Land ceases to be so registered within the transitional period
- an amendment to the CCS, unless it takes effect as an addition of Land to the common parts without transfer, not made under section 30(4) CLRA 2002.
Land Registry fees:
The fees prescribed by the Land Registry are updated and reviewed regularly. Clients should check with the Conveyancing Solicitors and Property Lawyers for an up to date figure.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 12 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 12)
Please telephone Paul on 0161 866 8999 if you require any further information.
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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