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Overview of commonhold Termination Contents Previous Next

    Termination

    Formal termination

    Formal termination of a commonhold is regulated by the Act, which sets out very specific provisions for when it can occur. Briefly, a commonhold can be terminated by either:

    • voluntary winding up where the members of a commonhold vote by a resolution to wind up the commonhold (ss.43-49 of the Act)
    • winding up by the Court with or without a succession order where the commonhold association has become insolvent (ss.50-54 of the Act), or
    • a court order under s.55 of the Act.
    Other ways the commonhold can come to an end

    A commonhold can also come to an end other than by formal termination – for example . S.6 of the Act allows for the Court to grant a declaration that the freehold estate should not have been registered as a freehold estate in commonhold land.

    More information about termination and other ways a commonhold can come to an end can be found in Land Registry Practice Guide 60 - Commonhold.

    The next page looks at how the structure documents can be changed and how additional land can be added to the commonhold.