Paragraph 16 Applications for the purposes of Schedule 3: surrender or extinguishment of right of commonI1

England and Wales

(1)

An application to amend a register in consequence of a surrender or extinguishment of a right of common, which is a qualifying event by virtue of paragraph 2(2)(b) of Schedule 3 to the 2006 Act, may only be made—

(a)

if the right of common was attached to land, by the current owner of any part of the land to which it was attached;

(b)

if the right of common was a right in gross, by the owner of the right immediately before it was surrendered or extinguished; or

(c)

(in either case) by the current owner of any part of the land over which the right of common was exercisable.

(2)

The application must include—

(a)

evidence of the applicant’s capacity to make the application (as described in sub-paragraph (1));

(b)

the numbers of—

(i)

the register unit; and

(ii)

the entry in the rights section of that register unit,

which are to be amended; and

(c)

if the right of common was attached to land, a description of the land to which it was attached.

(3)

The application must be accompanied—

(a)

where the right of common was surrendered or extinguished by an instrument in writing, by a copy of that instrument; and

(b)

in any other case, by evidence of the extinguishment of the right.

Annotations

Commencement

I1: Sch. 4 para. 16 in force at 15.12.2014, see reg. 1(1)(b)