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
Consents to Registration:
Consent will be deemed to have been given by the application for registration and anyone deriving title from the applicant (regulation 4(5)(b) CR 2004).
Subject to any condition imposing a shorter period, a consent will lapse if no application is made within 12 months of the date it was given. During the validity of a consent, it will also be binding on the successor in title to the person giving consent. It cannot be withdrawn after the application has been submitted by Conveyancing Solicitors and Property Lawyers to Land Registry (regulation 4(7) CR 2004). The statement of truth accompanying the application must confirm that the consent has not lapsed or been withdrawn.
Where a consent has been lodged which relates to an unregistered interest or is the subject only of a notice, caution or restriction, Conveyancing Solicitors and Property Lawyers must also lodge evidence that the person whose consent has been lodged is the person who is entitled to that interest at the time the consent was given. This can take the form of a Conveyancer's certificate (rule 9(2) CLRR 2004).
Multiple site commonholds:
An application by Conveyancing Solicitor and Property Lawyers to register commonhold land / property can be made by two or more persons who are the registered proprietors of difference registered titles if the following conditions are satisfied:
- all the land / property must be included in a single CCS (section 57(2) CLRA 2002)
- an individual unit cannot straddle more than one title (regulation 7, CR 2004)
This means that during the transitional period, until the common parts vest in the Commonhold Association, there could be more than one proprietor of the common parts. Each proprietor wold be registered as the proprietor of a different part of the common parts title.
Applying to Register Commonhold Land / Property
Form CM1:
An application by Conveyancing Solicitors and Property Lawyers to register a freehold estate in commonhold Land / Property must be made in form CM1.
Conveyancing Solicitors and Property Lawyers can either apply for a registration:
- without unit-holders when it will be a new development
- with unit-holders when an existing leasehold or freehold development is being converted to commonhold
If the application is for a registration with unit-holders, a section 9 statement in form COV must accompany form CM1. This statement contains:
- the request by the applicant that section 9 CLRA 2002 (Registration with unit-holders) applies to the application
- a list of the commonhold units, giving for each one the name and address of the proposed initial unit-holder or joint unit-holder (section 9(2) CLRA 2002).
The Land Registry will normally reject the application if the section 9 statement in form COV does not accompany form CM1.
Documents required to support an application to register commonhold Land / Property:
Conveyancing Solicitors and Property Lawyers must, where applicable, lodge the following documents with the application:
- a certified copy of the CA's current certificate of incorporation
- a certified copy of the CA's memorandum and articles of association
- two certified ccopies of the CCS
- consent to registration in form CON1 from those interest-holders listed in section: Consents to Registration, or a Court Order dispensing with consent if a person cannot be identified after all reasonable efforts have been made to ascertain the identity of the person required to give consent or cannot be traced after all reasonable efforts have been made to trace him or her; or has been sent the request for consent and all reasonable efforts have been made to obtain a response but the person has not responded (regulation 5 CR 2004)
- a certificate (there is no prescribed form) given by the directors of the CA confirming that:
* the memorandum and articles of association comply with the CR 2004
* the CCS satisfies the requirement of the CLRA 2002
* the Land / Property is not Land / Property which cannot become commonhold Land / Property (see section: Land / Property which cannot become commonhold)
* the CA has not traded and has not incurred any liability which has not been discharged
- a statement of truth given by the applicant.
If the application is for a registration with unit-holders, evidence of the discharge of all charges registered on the leasehold titles (which will be closed) must be lodged by the Conveyancing Solicitors and Property Lawyers. If the appropriate Mortgage Lender is taking a charge on the new commonhold unit, a new charge or a deed of substituted security must be lodged with the application.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 5 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 5)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
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