Article 41 Method of making application

England and Wales

(1)

An application for a certificate of the Tribunal under section 2 is made by sending or delivering to the Tribunal an application which must be signed and dated and must state—

(a)

the name and address of the applicant;

(b)

the name and address of the applicant's representative (if any);

(c)

whether the applicant is—

(i)

the owner;

(ii)

the tenant for a term of years certain and, if so, when the term will expire; or

(iii)

the mortgagee in possession of the servient land;

(d)

a description of the servient land;

F1(e)

whether the relevant register of local land charges is kept by the Chief Land Registrar or the local authority in whose area the dominant building is situated, and if kept by a local authority the name of that local authority;

(f)

the names and addresses of all persons known by the applicant, after conducting all reasonable enquiries, to be occupying the dominant building or to have a proprietary interest in it; and

(g)

if the application is for a temporary certificate, the grounds upon which it is claimed that the case is of exceptional urgency.

(2)

The applicant must provide with an application under paragraph (1)—

(a)

three copies of the application for the registration of a light obstruction notice under section 2 that the applicant proposes to make F2... and any attached plans; and

(b)

the fee payable to the Tribunal.

Annotations

Textual amendments

F1: Rule 41(1)(e) substituted (3.6.2019) by The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 4(2)(a)
F2: Words in rule 41(2)(a) omitted (3.6.2019) by virtue of The Tribunal Procedure (Amendment) Rules 2019 (S.I. 2019/925), rules 1(2), 4(2)(b)