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.
