Part 1Commonhold

Effect of registration

7 Registration without unit-holders

1

This section applies where—

a

a freehold estate in land is registered as a freehold estate in commonhold land in pursuance of an application under section 2, and

b

the application is not accompanied by a statement under section 9(1)(b).

2

On registration—

a

the applicant shall continue to be registered as the proprietor of the freehold estate in the commonhold land, and

b

the rights and duties conferred and imposed by the commonhold community statement shall not come into force (subject to section 8(2)(b)).

3

Where after registration a person other than the applicant becomes entitled to be registered as the proprietor of the freehold estate in one or more, but not all, of the commonhold units—

a

the commonhold association shall be entitled to be registered as the proprietor of the freehold estate in the common parts,

b

the Registrar shall register the commonhold association in accordance with paragraph (a) (without an application being made),

c

the rights and duties conferred and imposed by the commonhold community statement shall come into force, and

d

any lease of the whole or part of the commonhold land shall be extinguished by virtue of this section.

4

For the purpose of subsection (3)(d) “lease” means a lease which—

a

is granted for any term, and

b

is granted before the commonhold association becomes entitled to be registered as the proprietor of the freehold estate in the common parts.