Paragraph 18 Applications for the purposes of Schedule 3: apportionment of right of commonI1

England and Wales

(1)

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

(a)

part of the apportioned right of common has been—

(i)

surrendered, extinguished or varied;

(ii)

severed from the land to which it was attached; or

(iii)

the subject of a disposition by virtue of any relevant instrument; and

(b)

the application is made at the same time as an application (“the primary application”) to register, or to amend the register in consequence of, that event.

(2)

The application may only be made by the person making the primary application.

(3)

The application must include—

(a)

the numbers of—

(i)

the register unit; and

(ii)

the entry in the rights section of that register unit,

which are to be amended;

(b)

a description of—

(i)

the whole of the land to which the right of common was attached before its apportionment; and

(ii)

the part of that land to which, following the apportionment, the part of the right of common which is the subject of the primary application was attached;

(c)

the name and address of the owner of the land to which is attached the part of the right of common which is the subject of the primary application; and

(d)

the applicant’s calculation as to how the right of common is apportioned between the part specified in sub-paragraph (3)(b)(ii) and the remainder of the land.

(4)

If the applicant claims that the right of common is apportioned otherwise than rateably between the constituent parts of the land to which it was attached, the application must—

(a)

explain the basis for that claim; and

(b)

be accompanied—

(i)

if the apportionment was effected by an instrument in writing, by a copy of that instrument; and

(ii)

in any other case, by evidence that the right has been apportioned otherwise than rateably.

(5)

In sub-paragraph (1), “disposition” and “relevant instrument” have the meanings given in paragraph 21(3).

Annotations

Commencement

I1: Sch. 4 para. 18 in force at 15.12.2014, see reg. 1(1)(b)