Commonhold and Leasehold Reform Act 2002

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

Commentary on the Sections: Part 1

Registration

Section 2: Application

47. Section 2(1) requires the Chief Land Registrar to register a freehold estate as an estate in commonhold land provided that the applicant is the registered freeholder of the land which is to become commonhold land and that no part of the land which is the subject of the application is already registered as commonhold.  The first requirement is to ensure that the applicant has the necessary authority to make the significant change to the nature of the land holding that commonhold represents.  The second requirement is to ensure that the land is not already part of a commonhold regime.  If it were so, it would be or be about to become either a unit or common parts, and as appears later in the Act, there are rules governing adding to or subtracting from a commonhold which would be inconsistent with a freeholder purporting to create a new commonhold out of existing commonhold land.  Subsection (2) specifies the documents which must accompany the application by reference to Schedule 1, which is covered later in these notes.  Subsection (3) defines a registered freeholder for these purposes as either the person appearing on the Land Register as the freehold owner or as someone entitled to be so registered, having made an application, for instance an owner of unregistered land applying for first registration.