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 Plan
Reconciliation with Ordnance Survey Maps:
Land Registry bases its plans on large scale Ordnance Survey maps. In the case of developing estates these are normally drawn at 1/1250 scale. Conveyancing Solicitors and Property Lawyers for a developer can, therefore, be confident that, where there is conformity between the Ordnance Survey map and the developer's site plan, Land Registry will have little difficulty in relating the latter to their records.
CCS plan approval:
Land Registry offer an optional service to approve the CCS plan before the Conveyancing Solicitors and Property Lawyers submit the application. The whole of the CCS must be lodged, although only the plan will be approved. The complete CCS is required to ensure any references shown on the plan are referred to and the definition of the properties within the commonhold agrees with the plan. Land Registry aim to complete the approval as soon as possible. There is no fee for this service and it will avoid the application being returned as a result of insufficiently clear or accurate plans.
Conveyancing Solicitors and Property Lawyers need only lodge a copy of the CCS for approval together with a further copy that will be retained by Land Registry.
When using this service, it will assist Land Registry to update its map records and aid processing the subsequent application for registration if the Conveyancing Solicitors and Property Lawyers provide the following information in a covering letter:
- whether development has commenced, and if so, what stage it is at and when completion is expected, or
- when development will commence and when completion is expected, and
- when the CCS will be lodged for registration.
When the CCS is lodged for registration, ensure it is accompanied by the letter Land Registry issues confirming approval.
Incorporation of the Commonhold Association:
The Commonhold Association must be incorporated before the application for registration is submitted at Land Registry. Conveyancing Solicitors and Property Lawyers should make and keep a certified copy of the memorandum and articles before they apply to incorporate the CA, as the Registrar of Companies will retain the original memorandum and articles. Conveyancing Solicitors and Property Lawyers will need to lodge the certified copy with the application for registration at Land Registry.
Consents to Registration:
As a result of section 3(1) CLRA 2002 and regulation 3 CR 2004 the registration of the Land / Property as commonhold requires the consent of:
- the registered proprietor of the freehold estate in the whole or part of the Land / Property
- the registered proprietor of a Leasehold estate in the whole or part of the Land / Property granted for a term of more than 21 years
- the estate owner of any unregistered freehold estate in the whole or part of the Land / Property
- the estate owner of any unregistered leasehold estate in the whole or part of the Land / Property granted for a term of more than 21 years
- the proprietor of a charge (mortgage) protected by an entry in the register (Property Title Deeds) over the whole or part of the Land / Property
- the owner of any mortgage, charge or lien for securing money or money's worth over the whole or part of any unregistered Land / Property included in the application
- the holder of a Lease granted for a term of not more than 21 years that will be extinguished under sections 7(3)(d) or 9(3)(f) CLRA 2002. However, Conveyancing Solicitors and Property Lawyers doe not have to obtain the consent of the holder of such a Lease if he or she is entitled to the grant of a new Lease:
* of the same premises
* on the same terms
* at the same rent
* for a term equivalent to the unexpired term of the extinguished Lease
* which does not contain any provision which would create a term of more than 21 years, and the Lessee has protected his or her entitlement to the grant of a new Lease by registering a notice in the register (Property Title Deeds) of the freehold title or in the Land Charges register in the name of the estate owner of the freehold title.
The above persons must use form CON1 when giving their consent. If the consent is made conditional, the statement of truth accompanying the application must make it clear that all conditions have been fully satisfied. If a Court has made an Order dispensing with the need for consent in specified circumstances, the Court Order must also be lodged (section 3(2)(f) and schedule 1(6)(b) CLRA 2002). If the Order is conditional, the Order must be accompanied by evidence that the condition has been complied with (schedule 1(6)(2) CLRA 2002)
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 4 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 4)
Please telephone Paul on 0161 866 8999 if you require any further information.
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