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 6 . . .
Other Applications
Application for commonhold land to cease to be registered as commonhold during the transitional period:
After registering Land / Property as commonhold without unit-holders, a registered proprietor may decide that they do not want to create a commonhold development. During the transitional period, i.e. before any of the units have been sold, they may instruct Conveyancing Solicitors and Property Lawyers to apply for the Land / Property to cease to be registered as commonhold (section 8(4) CLRA 2002).
The application must be made by Conveyancing Solicitors and Property Lawyers in form CM2. A fee is payable.
The consent provisions apply to these applications in the same way that they apply to the original application to register the Land / Property as commonhold Land (section 8(5) CLRA 2002). Consents in form CON 2 must therefore be lodged from all those people listed in section 3(1) CLRA 2002 and in regulation 3 CR 2004 and whose interest subsists at the time of the application. Where a consent has been lodged which relates to an unregistered interest or is the subject only of a notice 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). The application must also be accompanied by a statement of truth which meets the requirements set out in section 5.2.1 Statement of Truth as far as they are applicable.
When the application is completed, the commonhold entries will be removed and the titles will revert to ordinary freehold. Land Registry will consider the applicant's request to amalgamate all the titles back into one title. If there is no such request the individual titles will be retained as freehold titles without the commonhold entries.
Application to register an amended CCS or an altered memorandum and articles of association:
The procedure for amending the CCS or altering the memorandum and articles of association is contained in the CLRA 2002 and CR 2004 which support it. An amendment may either change the extent within the commonhold or be purely textual. Whenever the CCS is amended (including during the transitional period or when the CCS is amended by a successor CA) or the memorandum and articles of association are altered, a new version of the document incorporating the amendment or alteration must be prepared by the Conveyancing Solicitors and Property Lawyers. If a new version of the CCS or memorandum and articles incorporating the amendment or alteration is not lodged with the application for its registration, the application will be rejected. A new version of the CCS or memorandum and articles must be dated as of the date that the amendment or alteration is made. Land Registry will allocate version numbers which will be reflected in the register (Property Title Deeds) entries.
An amendment to the CCS or an alteration of the memorandum and articles has no effect until the amended CCS or altered memorandum and articles is registered.
The application must be made by the Conveyancing Solicitors and Property Lawyers in form CM3 and, as appropriate, be accompanied by:
- a certified copy of the new version of the memorandum and articles, or
- two certified copies of the new version of the CCS
- the consent of the unit-holder and his or her charge (if any) if the extent of a unit has been changed or a Court Order dispensing with consent (section 23(1) and 24(2) and (3) CLRA 2002)
- the consent of the charge (mortgage) of any unit title from which Land / Property has been added to the common parts title (section 30(2) CLRA 2002) and
- a certificate given by the directors of the CA (which does not need to be in a prescribed form) that the amended CCS satisfies the requirements of the CLRA 2002 or that the altered memorandum and articles complies with the CR 2004. A separate certificate does not need to be lodged in relation to each unit which has been affected by the amendment.
The common parts title number must be included in panel 2 of form CM3. If the extent of any of the units has changed, the title numbers of those units must be included in panel 3.
When an application is made to amend the CCS, the amendments must be summarised in panel 10 of form CM3:
- Where the extend of the units and/or the common parts are amended the amendments must be reflected on a new plan attached to the CCS. The new plan must comply with section 4.3 The CCS plan or the application will be cancelled.
- where the extent of the units and/or the common parts remain unchanged, a plan must still be attached to the CCS because an amended CCS cannot refer to an earlier CCS. If Conveyancing Solicitors and Property Lawyers use new plan it must comply with section 4.3 the CCS plan or the application will be returned.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 8 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 8)
Please telephone Paul on 0161 866 8999 if you require any further information.
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