The Act and the Regulations provide that an application for registration of a commonhold freehold cannot be made without the consent of the following interested parties (where appropriate):
- the registered proprietor of the freehold estate in the whole or part of the land;
- the registered proprietor of a leasehold estate in the whole or part of the land granted for a term of more than 21 years;
- the estate owner of any unregistered freehold estate in the whole or part of the land;
- the estate owner of any unregistered leasehold estate in the whole or part of the land granted for a term of more than 21 years;
- the proprietor of a charge protected by an entry in the register over the whole or part of the land;
- the owner of any mortgage, charge or lien for securing money or money’s worth over the whole or part of any unregistered land included in the application;
- the holder of a lease granted for a term of not more than 21 years which will be extinguished under ss.7(3)(d) or 9(3)(f) of the Act unless the leaseholder is entitled to the grant of a new lease - see Land Registry Practice Guide 60 – Commonhold for more details.
If the consent relates to an unregistered interest or is covered only by a notice, caution or restriction, evidence of the person's right to consent (usually in the form of a Conveyancer's Certificate) is also required.
If the application is for registration with unit holders, normal evidence of the discharge of all registered charges on the leasehold titles must be lodged. Otherwise a deed of substituted security will be required |
