Commonhold and Leasehold Reform Act 2002

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

Commentary on the Sections: Part 1

Registration

Section 6: Registration in error

52. Section 6 provides that, where registration of a commonhold has been carried out but the application was not in accordance with or was in contravention of Part 1 of the Act, the Registrar may not deal with it by alteration under the terms of the Land Registration Act 2002 but the court may make a declaration that the registration ought not to have been carried out.  It may then go on to make provision either to require the land to cease to be commonhold land or to put right the defects.  So far as possible, it is expected that the courts will strive to maintain the commonhold in existence by directing appropriate people to do or refrain from doing the things which have resulted in the declaration.