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SCHEDULE 4Making an application

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

15.—(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.