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 8 . . .
Other Applications
Application to register a successor CA:
Where a CA has been wound up by the Court and a succession Order has been made, (section 51 CLRA 2002) an application to register the successor CA must be made by the Conveyancing Solicitors and Property Lawyers in form CM6.
It must be accompanied by:
- the succession Order, which may make provision as to the treatment of any charge over all or part of the common parts or require Land Registry to take action of a specified kind;
- the winding up Order
- a certified copy of the memorandum and articles of the successor CA.
A copy of the successor CA's memorandum and articles will be filed and the insolvent CA's memorandum and articles will be marked 'cancelled' and retained by Land Registry. Land Registry will also take any action required by the succession Order. However, if any charge is to be discharged over the common parts, or any part of the common parts, the usual evidence of discharge must be lodged by the Conveyancing Solicitors and Property Lawyers.
There is no fee payable to give effect to the Court Order, but if changes to the CCS are required, two new certified copies of the CCS must be prepared and lodged with Land Registry using form CM3 and fees paid (if appropriate) (see section: Application to register an amended CCS or an altered memorandum and articles of association).
Application to register the termination of a commonhold registration:
Voluntary winding up:
When a commonhold is voluntarily wound up (sections 43-49 CLRA 2002) a termination application in form CM5 must be made by the Conveyancing Solicitors and Property Lawyers. It must be accompanied by:
- a termination statement that will specify the CA's proposals for the transfer of the Land / Property and how the assets of the CA will be distributed;
- evidence of the liquidator's appointment;
- notification that the liquidator is content with the termination statement, or a copy of the Court Order which determines the terms of the termination statement
- the fee payable for the termination
Land Registry will then register the CA as the proprietor of all the commonhold units and remove the commonhold entries from all the titles. The liquidator will then dispose of all the titles in accordance with the terms of the termination statement.
Court winding up:
Where the Court has made a winding-up Order and has not made a succession Order in respect of the CA, an application must be made to terminate the commonhold registration in form CM5. It must be accompanied by:
- notification by the liquidator that the Court has made a winding up Order and has not made a succession Order;
- any directions giving the liquidator supplementary powers
- any notice of the liquidator vacating his or her office after the final meeting of the CA
- any notice of completion of winding up
- any application made to the Registrar of Companies that there are insufficient assets; or of an early dissolution or of completion of winding up
- any other matter that in the liquidator's opinion is relevant to Land Registry (section 54(2) CLRA 2002)
- the fee payable for the termination as prescribed by the LRFO
When Land Registry receive these notifications, they will remove the commonhold entries from the common parts and all the unit titles. The titles will then be ordinary freehold titles and unit-holders will not be able to rely on the rights contained in the CCS, e.g. rights of way or support. The unit-holders will therefore need to make arrangements with the liquidator, or whoever the common parts are transferred to, to ensure that new deeds are completed granting them the necessary rights etc.
When a Court has made a winding up Order and a succession order see section: Application to register a successor commonhold association.
Termination by Court Order:
Under the CLRA 2002 the Court can make an Order for all the Land / Property in relation to which a CA exercises functions to cease to be commonhold Land / Property (section 55 CLRA 2002) and to become vested without further assurance.
An application must be made by Conveyancing Solicitors and Property Lawyers in form AP1 accompanied by the Court Order to which Land Registry will then give effect.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Manchester Conveyancing Solicitors
Property Lawyers on Buying / Selling Commonhold Land 10)
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