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 5 . . .
Completing the Commonhold Application
Registration without unit-holders:
During the transitional period:
The restriction on the unit title is in form CB as follows:
'No disposition by the proprietor of the registered estate (other than a transfer or charge of the whole of the Land in the title) is to be registered without a certificate by a Conveyancer or a director or secretary of the commonhold association that the disposition is authorised by and made in accordance with the provisions of the Commonhold and Leasehold Reform Act 2002 or the regulations made under that Act'
All entries on the pre-commonhold title e.g. charges (Mortgages), cautions, notices etc will be carried forward to all these titles (common parts and units) unless evidence of their discharge, cancellation or withdrawal accompanies the application to register the Land as commonhold.
After the transitional period:
Where a person other than the applicant becomes entitled to be registered as the proprietor of one or more, but not all, of the commonhold units (section 7(3) CLRA 2002), this signals the end of the transitional period. Land Registry will then:
- register the unit(s) which has/have been transferred in that person's name
- remove from the Property register of all the unit titles the entry relating to the transitional period
- register the common parts in the name of the CA
- remove entries relating to charges from the common parts title as such charges will have been extinguished (section 28(3) CLRA 2002)
- cancel notice of any Leases which have been extinguished and close the titles if the Leases are registered (section 7(3)(d) CLRA 2002)
All the other units remain registered in the original applicant's name until they are sold.
Land Registry will get the details of the address for service of the CA to include the proprietorship register of the common parts title from the original application submitted by the Conveyancing Solicitors and Property Lawyers. If this address, or any other address for service, changes the Conveyancing Solicitors and Property Lawyers must notify the Land Registry.
Registration with Unit-Holders:
This involves an existing freehold and/or leasehold development where the owners/lessees wish to become a commonhold.
Land Registry will register the CA as the proprietor of the common parts title. The unit titles will be registered in the names of the unit-holders listed on the section 9 Statement (form COV) accompanying form CM1 (see section: Documents required to support an application to register commonhold Land). Entries will be made in the Property and Proprietorship registers (Property Title Deeds) of the common parts and unit titles as outlines in section: During the transitional period, although the entry relating to the transitional period will not be made.
If it was a leasehold development, the leasehold titles under which the units were formerly registered will be closed. Evidence of the discharge of all charges on the leasehold titles must therefore be lodged. If the appropriate 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 submitted by Conveyancing Solicitors and Property Lawyers.
Land Registry will remove entries relating to charges from the common parts title as such charges will have been extinguished.
If a Lease has been noted the entry will be removed.
Documents retained by Land Registry:
Land Registry will retain certified copies of the CCS and memorandum and articles of association submitted by the Conveyancing Solicitors and Property Lawyers. The original memorandum and articles of association are retained by the Registrar of Companies at Companies House. The CA is advised to retained the original CCS at all times.
If Conveyancing Solicitors and Property Lawyers want copies of the CCS or memorandum and articles of association, they must complete form OC2 and include the title number of the common parts title.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 7 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 7)
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