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 7 . . .
Other Applications
Application to register the extinguishment or extension of a charge (Mortgage) over a unit:
If the amendment of the CCS removes Land / Property from a unit over which there is a charge (Mortgage), the charge will be extinguished in respect of the Land / Property which has been removed (section 24(4) CLRA 2002). If it adds Land to a unit, the charge will be extended so as to relate to the the Land / Property which is added (section 24(5) CLRA 2002). Regulation 10, CR 2004 prescribes that when this happens notice must be served on Land Registry by Conveyancing Solicitors and Property Lawyers. This notice must be in form COE and be included with the application to register the amended CCS. There is no fee payable.
Application to add Land to a commonhold development:
Application must be made by Conveyancing Solicitors and Property Lawyers in form CM4 and be accompanied by:
- the consent in form CON 1 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 statutory declaration which satisfies rule 20(4) CLRR 2004 (see section: Statutory Declaration)
- an application in form CM3 to register the CCS which has been amended to include the added Land / Property (see section: Application to register an amended CCS or an altered memorandum and articles of association).
- a certificate given by the directors of the CA (there is no prescribed form) confirming that the Land / Property is not Land / Property which cannot be commonhold Land / Property (see section: Land which may or may not be commonhold) and that the application was approved by a unanimous resolution.
Application to note the surrender of a development right:
A CCS may confer rights on the developer of a commonhold development which allow him or her to:
- complete the work on the development;
- advertise the sale of the units;
- add Land / Property to or remove Land / Property from a development;
- appoint and remove directors of the CA
These are called 'development rights' which can be surrendered by the developer (section 58 and schedule 4, CLRA 2002). If the developer surrenders any rights, he or she must instruct Conveyancing Solicitors and Property Lawyers to notify Land Registry by sending in a notice in form SR1 with an application in form AP1 against the common parts title (section 58(6) CLRA 2002). Land Registry will then file a copy of the SR1 with the common parts title and put a note in the Property Register (Property Title Deeds) of that title referring to the filed notice. Land Registry will also inform CA, by way of notice, that rights have been surrendered.
Applications to register transfers of part of unit and common parts titles:
If the CA transfers part of the common parts, or a unit-holder transfers part of a unit two applications must be lodged together by the Conveyancing Solicitors and Property Lawyers:
- in form AP1 to register the transfer of the Land / Property transferred;
- in form CM3 to register the CCS which has been amended to reflect the change in extent of the common parts and/or units. see section: application to register an amended CCS or an altered memorandum and articles of association.
If the application in form AP1 is not accompanied by the application in form CM3 it will be returned by Land Registry as the CCS, which is filed with and referred to on the register (Property Title Deeds), will not then accurately reflect the revised layout of the commonhold development. Similarly, if the application to amend the CCS is not accompanied by the application in form AP1, it will be returned by Land Registry.
The only exception is when Land/Property that forms part of a unit is added to common parts. Although this can be effected by transfer or solely by an amendment to the CCS, an amended CCS is always required (section 30 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 9 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 9)
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