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Form CR1 (Commons Registration Search) is being abolished as from 1
June. After that date, you simply make your commons registration search
as a Supplementary Enquiry on CON 29 Part II (ie there is no longer any
need for a separate Commons form).
In general terms, you should make a commons search whenever you are
dealing with property which is (or which is next to) land that has never
been built on, or which at one time may have belonged to the Lord of the
Manor, or which you think may possibly be a town or village green. Also,
consider doing a search where a verge strip, or other land that is not
owned by the property being bought, separates the property from the
public highway. Commons searches should not be confined to rural
areas only, since many small vacant pieces of urban land are subject to
registered common rights. In practical terms, however, there is no need
to search when in a fully developed urban area. Bear in mind also that
many registrations will affect only small areas of land (eg the grass verge
between the garden of a house and the publicly maintained highway). It
is important to search even those small areas, since if rights were
registered over such strips then it would not be possible to obtain
planning permission to alter the access way to the property. Source:
Conveyancing Searches and Enquiries (3rd edition; Russell Hewitson,
Frances Silverman; Jordans £49).
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April 2007 |