Paragraph 17 Applications for the purposes of Schedule 3: variation of right of commonI1

England and Wales

(1)

An application to amend a register in consequence of a variation 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 by—

(a)

the current owner of any part of the land over which the right of common was exercisable before its variation;

(b)

the owner of any part of the land over which the right of common is exercisable at the date of the application;

(c)

if the right of common is attached to land, the owner of the land to which it is attached; or

(d)

if the right of common is a right of common in gross, the owner of the right.

(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;

(c)

a description of the variation to be recorded in the register; and

(d)

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

(3)

The application must be accompanied—

(a)

if the variation was made by an instrument in writing, by a copy of that instrument;

(b)

in any other case, by evidence of the variation.

Annotations

Commencement

I1: Sch. 4 para. 17 in force at 15.12.2014, see reg. 1(1)(b)