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
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Preparing to register commonhold Land / Property
The Commonhold Community Statement and Memorandum and Articles of Association of the Commonhold Association:
The two key constitutional documents of a commonhold Property are the:
- Commonhold Community Statement - which defines the extent of the commonhold and the individual units, regulates the use and maintenance of the units and provides for the rights and duties of the unit holders and of the Commonhold Association
- Memorandum and Articles of Association - which defines the association's powers and covers matters such as membership, meetings and the appointment and powers of directors.
Both documents must be completed in accordance with the Commonhold Regulations 2004 before an application for the registration of commonhold Land can be submitted to Land Registry.
Conveyancing Solicitors and Property Lawyers cannot apply for the Commonhold Community Statement or the Memorandum and Articles of Association to be designated exempt information documents (rule 3(3)(c) Commonhold Land Registration Rules 2004)
The Commonhold Community Statement Plan:
To meet Land Registry requirements it is important that the plans lodged by Conveyancing Solicitors and Property Lawyers satisfy the technical requirements and specifications outlines in this section. Land Registry are always willing to consider special circumstances that might apply to a particular development and discuss the best way forward.
Requirements and Specifications:
Conveyancing Solicitors and Property Lawyers are able to supply a sample plan to clients, the plan should comply with the following:
- the plan must be on paper no larger than A0 size
- the plan must clearly show the scale and orientation and be drawn to the scale quoted thereon. The preferred scale is 1/500 although 1/1250 may be satisfactory if details of the layout including individual plot boundaries can be shown clearly. However, where the boundaries are intricate or complex, such as a boundary within a building, a larger scale may be necessary.
- plans marked 'for identification only' or 'do not scale from this drawing' or any similar phrase are not acceptable to Land Registry
- plans which bear a statement of disclaimer intended to comply with the Property Misdescription Act 1991 are similarly not acceptable
- Conveyancing Solicitors and Property Lawyers must base the plan on an accurate survey, plotted to the chosen scale. The accuracy must be within the plottable limits of the scale, i.e. distances scaled from the plan between well defined points of detail should be accurate to within 0.3 mm at map scale plus one part in one thousand of the distance measured. For Land Surveyors, this specification gives the following tolerances:
Distance scaled:
100m= (1/500= 0.15 + 0.1 = 0.25m) (1/1250= 0.375 + 0.1 = 0.475m)
200m= (1/500= 0.15 + 0.2 = 0.35M) (1/1250= 0.375 + 0.2 = 0.575m)
500m= (1/500= 0.15 + 0.5 = 0.65m) (1/1250= 0.375 + 0.5 = 0.875m)
1000m= (1/500= 0.15 + 1.0 = 1.15m) (1/1250= 0.375 + 1.0 = 1.375m)
- during the survey, Conveyancing Solicitors and Property Lawyers should site control stations in safe areas, thereby ensuring that the setting out of works and the final 'as built' survey are all based on the datum used for the original survey
- Conveyancing Solicitors and Property Lawyers must show any measurements in metric form
- the plan must show the boundaries of the commonhold land in relation to the boundaries of the registered freeholder's title and the boundaries of the commonhold units in relation to the boundaries of the commonhold land
- the plan must define the extents of the commonhold land using colour and number reference
- the plan must define the extent of the commonhold units using a colour and number reference
- the plan must define the extent of the commonhold land using a colour reference distinct from the colour used to define the commonhold units
- the plan must show any access drives and pathways that form unit boundaries
- if two or more floors of a block of units are co-extensive and the layout and extents of the units are identical, it usually suffices if Conveyancing Solicitors and Property Lawyers supply a plan of the single floor. The plan must show the number distinguishing each unit and state the floor level of each unit.
The Commonhold Community Statement may contain additional plans to those that define the extents of the commonhold and units. The CCS must make clear which plan defines the extents of the commonhold and units and which are for another purpose.
Conveyancing Solicitors and Property Lawyers must lodge copies of the CCS for registration. If Land Registry finds the CCS plan has not been prepared in accordance with these requirements and specifications when the CCS is lodged for approval or registration, it will probably be rejected.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 3 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 3)
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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