SCHEDULE 4Making an application

Applications for the purposes of Schedule 3: creation of right of common15

1

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

a

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

b

if the right of common is attached to land, the owner of any part of that land; or

c

if the right of common is not attached to land, the owner of the right of common.

2

The application must include—

a

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

b

a description of the right of common to be registered;

c

a description of the land over which the right of common is exercisable; 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

where the right of common was created by an instrument in writing, by a copy of that instrument;

b

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