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 4 . . .
Applying to Register Commonhold Land / Property
Statement of Truth:
The Statement of Truth prepared by Conveyancing Solicitors and Property Lawyers must:
- be in a form that meets the requirements of rule 215A Land Registration Rules 2003 (see appendix C)
- list all the consents that have been obtained, or the Court Orders dispensing with consents
- confirm that a restriction in the register (Property Title Deeds) does not protect an interest in respect of which the consent of the holder is required, or if it does protect such an interest, that the appropriate consent has been obtained
- confirm that there are no other consents required by section 3 CLRA 2002 and the CR 2004
- confirm that no consent has lapsed or been withdrawn
- confirm that if a consent is subject to conditions, all conditions have been fully satisfied.
Also, where the application involves the extinguishment of a charge (mortgage) or part of a unit, under section 22 CLRA 2002, that is the subject of an entry in the register of title, the statement of truth must:
* identify the charge (Mortgage) to be extinguished
* identify the registered title of the owner of the charge (Mortgage)
* give the name and address of the owner of the charge (Mortgage)
* confirm that the consent of the owner of the charge (Mortgage) has been obtained
Completing the Commonhold Application
Registration without unit-holders:
During the transitional period:
Land Registry will register the common parts in one title and each individual unit in a separate title. At this stage all titles (i.e. common parts and units) will be registered in the name of the applicant. All titles will have the following entry made in the Property Register to denote that the title is part of a commonhold:
'The freehold estate in the Land is registered as a freehold estate in commonhold Land under Part 1 of the Commonhold and Leasehold Reform Act 2002'
The following entry will also be made in the Property Register but will be cancelled without application at the end of the transitional period when the common parts title is vested in the CA:
'The rights and duties conferred and imposed by the commonhold community statement will not come into force until the end of the transitional period referred to in section 8(1) of the Commonhold and Leasehold Reform Act 2002'
The common parts title will also have the following entry:
'This title comprises the common parts of the commonhold defined by the commonhold community statement. The Land in this title has the benefit of and is subject to the rights and duties conferred and imposed by the commonhold community statement.
NOTE 1: Version . . . of the commonhold community statement is dated . . .
NOTE 2: Version . . . of the memorandum and articles of association of the commonhold association is dated . . .
NOTE 3: Copies filed'
The unit titles will have a similar entry except that they will refer to the copies of the CCS and memorandum and articles being filed under the common parts title.
The common parts title also has either of the following entries:
'The commonhold units described in the CCS referred to below have been removed from this title'
or
'The commonhold units within the parts tinted green on the title plan and described in the commonhold community statement referred to below have been removed from this title'
The limitations imposed on a unit-holder and a CA by the CLRA 2002 or the CR 2004 are reflected in the wording of the restrictions entered in the proprietorship register of the common parts and unit titles respectively.
The restriction on the common parts title is in form CA as follows:
'No charge by the proprietor of the registered estate is to be registered other than a legal mortgage which is accompanied by a certificate by a Conveyancer or a director or secretary of the commonhold association that the creation of the mortgage was approved by a resolution complying with section 29(2) of the Commonhold and Leasehold Reform Act 2002'
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 6 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 6)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
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