Paragraph 13 Applications under paragraph 3(7)(b) of Schedule 1: severance of right of common by orderI1

England and Wales

(1)

An application made under paragraph 3(7)(b) of Schedule 1 to the 2006 Act, for the purpose of registering a transferee as the owner of a right of common upon the authorisation by order made under paragraph 3(1) of that Schedule of the severance of that right, may only be made by a person to whom the right of common to be severed is to be transferred, further to provision made by an order under paragraph 3(1) of that Schedule.

(2)

The application must show that the owner of the land to which the right of common is attached consents to the application.

(3)

The application must include—

(a)

the name and statutory instrument number of the order providing for the severance by transfer to which the application relates;

(b)

the numbers of the register unit and the rights section entry in the register of common land or town or village greens for the right of common to which the application relates;

(c)

a description of the land to which the right of common is attached and from which it is to be severed, and evidence of the ownership of that land; and

(d)

evidence that any requirement imposed by the provision in the order made under paragraph 3(1) of that Schedule and applicable to the transfer in question has been met.

(4)

Where it relates to only part of a right of common, the application must—

(a)

identify that part of the land to which it is attached; and

(b)

be accompanied by an application made for the purposes of section 8 of the 2006 Act.

Annotations

Commencement

I1: Sch. 4 para. 13 in force at 15.12.2014, see reg. 1(1)(b)