Made | 19th May 2003 | ||
Laid before Parliament | 5th June 2003 | ||
Coming into force in accordance with rule 1 |
1. | Citation and commencement |
2. | Form and arrangement of the register of title |
3. | Individual registers and more than one registered estate, division and amalgamation |
4. | Arrangement of individual registers |
5. | Contents of the property register |
6. | Property register of a registered leasehold estate |
7. | Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross |
8. | Contents of the proprietorship register |
9. | Contents of the charges register |
10. | Index to be kept under section 68 of the Act |
11. | Index of proprietors' names |
12. | The day list |
13. | Form AP1 |
14. | Electronic delivery of applications |
15. | Time at which applications are taken to be made |
16. | Applications not in order |
17. | Additional evidence and enquiries |
18. | Continuation of application on a transfer by operation of law |
19. | Objections |
20. | Completion of applications |
21. | First registration - application by mortgagee |
22. | Registration of a proprietor of a charge falling within section 4(1)(g) of the Act |
23. | First registration - application form |
24. | Documents to be delivered with a first registration application |
25. | First registration of mines and minerals |
26. | First registration of cellars, flats, tunnels etc |
27. | First registration application where title documents are unavailable |
28. | Duty to disclose unregistered interests that override first registration |
29. | First registration - examination of title |
30. | Searches and enquiries by the registrar |
31. | First registration - foreshore |
32. | Mines and minerals - note as to inclusion or exclusion |
33. | First registration - entry of beneficial rights |
34. | First registration - registration of a proprietor of a legal mortgage not within rule 22 or rule 38 |
35. | First registration - entry of burdens |
36. | First registration - note as to rights of light and air |
37. | First registration - notice of lease |
38. | Application of the Act to dealings prior to first registration |
39. | Definitions |
40. | Form and arrangement of the cautions register |
41. | Arrangement of individual caution registers |
42. | Caution against first registration - application |
43. | Withdrawal of a caution against first registration - application |
44. | Cancellation of a caution against first registration - application |
45. | Other persons who may apply to cancel a caution against first registration |
46. | Application for cancellation of a caution against first registration by a person who originally consented |
47. | Consent to registration of a caution against first registration |
48. | Alteration of the cautions register by the court |
49. | Alteration of the cautions register by the registrar |
50. | Applications to the registrar to alter the cautions register and service of notice |
51. | Alteration of the cautions register - alteration of cautioner |
52. | Definition of "the cautioner" |
53. | The prescribed periods under section 16(2) and section 18(4) of the Act |
54. | Outline applications |
55. | Priority of applications |
56. | Dispositions affecting two or more registered titles |
57. | Duty to disclose unregistered interests that override registered dispositions |
58. | Form of transfer of registered estates |
59. | Transfers by way of exchange |
60. | Transfer of leasehold land, the rent being apportioned or land exonerated |
61. | Documents executed by attorney |
62. | Evidence of non-revocation of power more than 12 months old |
63. | Evidence in support of power delegating trustees' functions to a beneficiary |
64. | Positive covenants |
65. | Indemnity covenants |
66. | Modification of implied covenants in transfer of land held under an old tenancy |
67. | Covenants implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 and under the Law of Property Act 1925 |
68. | Additional provisions as to implied covenants |
69. | Transfer of registered estate subject to a rentcharge |
70. | Description of land where mines or minerals situated |
71. | Note as to inclusion of mines or minerals in the registered estate |
72. | Register entries arising from transfers and charges of part |
73. | Application for register entries for express appurtenant rights over unregistered land |
74. | Application for register entries for implied or prescriptive appurtenant rights |
75. | Qualified register entries for appurtenant rights |
76. | Note as to rights of light or air |
77. | No entry on reversionary title of a right of entry in lease |
78. | Note of variation of lease etc on register |
79. | Determination of registered estates |
80. | Certain interests to be protected by agreed notices |
81. | Application for an agreed notice |
82. | Application for a matrimonial home rights notice or its renewal |
83. | Application for entry of a unilateral notice |
84. | Entry of a notice in the register |
85. | Removal of a unilateral notice |
86. | Cancellation of a unilateral notice |
87. | Cancellation of a notice (other than a unilateral notice or a matrimonial home rights notice) |
88. | Registration of a new or additional beneficiary of a unilateral notice |
89. | Notice of unregistered interests |
90. | Application for entry of a notice under paragraph 5(2) or, in certain cases, paragraph 7(2)(a) of Part 1 of Schedule 2 to the Act |
91. | Standard forms of restriction |
92. | Application for a restriction and the prescribed period under section 45(2) of the Act |
93. | Persons regarded as having a sufficient interest to apply for a restriction |
94. | When an application for a restriction must be made |
95. | Form of obligatory restrictions |
96. | Application for an order that a restriction be disapplied or modified |
97. | Application to cancel a restriction |
98. | Application to withdraw a restriction from the register |
99. | Cancellation of a restriction relating to a trust |
100. | Entry following a direction of the court regarding overriding priority in connection with a restriction |
101. | How ranking of registered charges as between themselves to be shown on register |
102. | Alteration of priority of registered charges |
103. | Form of charge of registered estate |
104. | Application for registration of the title to a local land charge |
105. | Overriding statutory charges |
106. | Service of notice of overriding statutory charges |
107. | Further advances - notice of creation of subsequent charge |
108. | Obligations to make further advances |
109. | Agreement of maximum amount of security |
110. | Consolidation of registered charges |
111. | Certificate of registration of company charges |
112. | Foreclosure - registration requirements |
113. | Variation of the terms of a registered charge |
114. | Discharges and releases of registered charges |
115. | Discharges and releases of registered charges in electronic form |
116. | Transfer of a registered charge |
117. | Definition |
118. | Application for the determination of the exact line of a boundary |
119. | Procedure on an application for the determination of the exact line of a boundary |
120. | Completion of application for the exact line of a boundary to be determined |
121. | Relationship between determined and undetermined parts of a boundary |
122. | Determination of the exact line of a boundary without application |
123. | Agreement about accretion or diluvion |
124. | Application to upgrade title under section 62 of the Act |
125. | Use of register to record defects in title |
126. | Alteration under a court order - not rectification |
127. | Court order for alteration of the register - form and service |
128. | Alteration otherwise than pursuant to a court order - notice and enquiries |
129. | Alteration otherwise than under a court order - evidence |
130. | Correction of mistakes in an application or accompanying document |
131. | Definitions |
132. | Delivery of applications and issuing of certificates by electronic and other means |
133. | Inspection and copying |
134. | Application for official copies of a registered title, the cautions register or for a certificate of inspection of the title plan |
135. | Application for official copies of documents referred to in the register of title and other documents kept by the registrar |
136. | Application that the registrar designate a document an exempt information document |
137. | Application for an official copy of an exempt information document |
138. | Application for removal of the designation of a document as an exempt information document |
139. | Inspection, copying and official copies of transitional period documents |
140. | Application in connection with court proceedings, insolvency and tax liability |
141. | Day list information |
142. | Enquiry as to discharge of a charge by electronic means |
143. | Certificate of inspection of title plan |
144. | Application for an historical edition of a registered title kept by the registrar in electronic form |
145. | Searches of the index map |
146. | Searches of the index of relating franchises and manors |
147. | Application for official search with priority by purchaser |
148. | Entry on day list of application for official search with priority |
149. | Issue of official search certificate with priority |
150. | Withdrawal of official search with priority |
151. | Protection of an application on which a protected application is dependent |
152. | Protection of an application relating to a pending application for first registration on which a protected application is dependent |
153. | Priority of concurrent applications for official searches with priority and concurrent official search certificates with priority |
154. | Applications lodged at the same time as the priority period expires |
155. | Application for official search without priority |
156. | Issue of official search certificate without priority |
157. | Information requested by telephone, oral or remote terminal application for an official search |
158. | Application for official search for the purpose of the Family Law Act 1996 by a mortgagee |
159. | Issue of official search certificate result following an application made by a mortgagee for the purpose of section 56(3) of the Family Law Act 1996 |
160. | Information requested by an applicant for an official search for the purpose of the Family Law Act 1996 |
161. | Applications to register dispositions by operation of law which are registrable dispositions |
162. | Transfer by a personal representative |
163. | Registration of a personal representative |
164. | Death of joint proprietor |
165. | Bankruptcy notice |
166. | Bankruptcy restriction |
167. | Action of the registrar in relation to bankruptcy entries |
168. | Registration of trustee in bankruptcy |
169. | Trustee in bankruptcy vacating office |
170. | Description of trustee in register |
171. | Proceedings under the EC Regulation on insolvency proceedings |
172. | Benefit of pending land actions, writs and orders |
173. | Escheat etc |
174. | Entry of Incumbent on a transfer to the Church Commissioners |
175. | Entry of Church Commissioners etc as proprietor |
176. | Non-exempt charities - restrictions |
177. | Registration of trustees incorporated under Part VII of the Charities Act 1993 |
178. | Registration of official custodian |
179. | Statements to be contained in dispositions in favour of a charity |
180. | Statements to be contained in dispositions by a charity |
181. | Registration of companies and limited liability partnerships |
182. | Registration of trustees of charitable, ecclesiastical or public trust |
183. | Registration of other corporations |
184. | Administration orders and liquidation of a company |
185. | Note of dissolution of a corporation |
186. | Settlements |
187. | Interpretation |
188. | Applications for registration - procedure |
189. | Time limit for reply to a notice of an application |
190. | Notice under paragraph 3(2) of Schedule 6 to the Act |
191. | Adverse possession of rentcharges |
192. | Adverse possession of a rentcharge; non-payment of rent |
193. | Prohibition of recovery of rent after adverse possession of a rentcharge |
194. | Registration as a person entitled to be notified of an application for adverse possession |
195. | Payment of interest on an indemnity |
196. | Statements in transfers or conveyances and leases under the Leasehold Reform, Housing and Urban Development Act 1993 |
197. | Content of notice |
198. | Address for service of notice |
199. | Service of notice |
200. | Use of specialist assistance by the registrar |
201. | Production of documents |
202. | Costs |
203. | Retention of documents on completion of an application |
204. | Request for the return of certain documents |
205. | Release of documents kept by the registrar |
206. | Use of forms |
207. | Adaptation of certain Schedule 1 forms to provide for direct debit |
208. | Welsh language forms |
209. | Use of non-prescribed forms |
210. | Documents in a Schedule 1 form |
211. | Electronically produced forms |
212. | Documents where no form is prescribed |
213. | Identification of part of the registered title dealt with |
214. | Lodging of copy instead of an original document |
215. | Documents and other evidence in support of an application |
216. | Days on which the Land Registry is open to the public |
217. | General Interpretation |
218. | Definitions |
219. | Consent under a caution |
220. | Notice under section 55(1) of the 1925 Act and under rule 223(3) |
221. | Cautioner showing cause |
222. | Withdrawal of a caution by the cautioner |
223. | Cancellation of a caution - application by the proprietor etc |
224. | Registered rentcharges held in trust under section 75(1) of the 1925 Act on commencement |
Schedule 1 - | Schedule 1 forms referred to in rules 206, 207 and 210 |
Schedule 2 - | Notices publicising arrangements for electronic and other modes of delivery of applications and other matters |
Schedule 3 - | Schedule 3 forms referred to in rule 206 |
Schedule 4 - | Standard forms of restriction |
Schedule 5 - | Applications in connection with court proceedings, insolvency and tax liability - qualifying applicants and appropriate certificates |
Schedule 6 - | Information to be included in certain results of official searches |
Schedule 7 - | Settlements |
Schedule 8 - | Modified form of Schedule 6 to the Act applicable to registered rentcharges |
Schedule 9 - | Forms of execution |
vested in a proprietor.
Individual registers and more than one registered estate, division and amalgamation
3.
- (1) The registrar may include more than one registered estate in an individual register if the estates are of the same kind and are vested in the same proprietor.
(2) On first registration of a registered estate, the registrar may open an individual register for each separate area of land affected by the proprietor's registered estate as he designates.
(3) Subsequently, the registrar may open an individual register for part of the registered estate in a registered title and retain the existing individual register for the remainder -
(4) The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor -
(5) Where the registrar has divided a registered title under paragraph (3)(b) or amalgamated registered titles or an estate on first registration with a registered title under paragraph (4)(b) he -
Arrangement of individual registers
4.
- (1) Each individual register must have a distinguishing number, or series of letters and numbers, known as the title number.
(2) Each individual register must consist of a property register, a proprietorship register and, where necessary, a charges register.
(3) An entry in an individual register may be made by reference to a plan or other document; in which case the registrar must keep the original or a copy of the document.
(4) Whenever the registrar considers it desirable, he may make a new edition of any individual register so that it contains only the subsisting entries, rearrange the entries in the register or alter its title number.
Contents of the property register
5.
The property register of a registered estate must contain -
(c) such other matters as are required to be entered in the property register by these rules.
Property register of a registered leasehold estate
6.
- (1) The property register of a registered leasehold estate must also contain sufficient particulars of the registered lease to enable that lease to be identified.
(2) If the lease contains a provision that prohibits or restricts dispositions of the leasehold estate, the registrar must make an entry in the property register stating that all estates, rights, interests, powers and remedies arising on or by reason of a disposition made in breach of that prohibition or restriction are excepted from the effect of registration.
Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross
7.
The property register of a registered estate in a rentcharge, franchise or a profit a prendre in gross must, if the estate was created by an instrument, also contain sufficient particulars of the instrument to enable it to be identified.
Contents of the proprietorship register
8.
- (1) The proprietorship register of a registered estate must contain, where appropriate -
(2) On first registration and on a subsequent change of proprietor, the registrar whenever practicable will enter in the proprietorship register the price paid or value declared and such entry will remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.
Contents of the charges register
9.
The charges register of a registered estate must contain, where appropriate -
and, if there is such a registered estate or caution, the title number, and
(b) an index of verbal descriptions of -
and the title numbers of any such registered estates and cautions, arranged by administrative area.
(2) The information required to be shown in the index to be kept under section 68 is to be entered by the registrar in the index as soon as practicable.
Index of proprietors' names
11.
- (1) Subject to paragraph (2), the registrar must keep an index of proprietors' names, showing for each individual register the name of the proprietor of the registered estate and the proprietor of any registered charge together with the title number.
(2) Until every individual register is held in electronic form, the index need not contain the name of any corporate or joint proprietor of an estate or of a charge registered as proprietor prior to 1st May 1972.
(3) A person may apply in Form PN1 for a search to be made in the index in respect of either his own name or the name of some other person in whose property he can satisfy the registrar that he is interested generally (for instance as trustee in bankruptcy or personal representative).
(4) On receipt of such an application the registrar must make the search and supply the applicant with details of every entry in the index relating to the particulars given in the application.
The day list
12.
- (1) The registrar must keep a record (known as the day list) showing the date and time at which every pending application under the Act or these rules was made and of every application for an official search with priority under rule 147.
(2) The entry of notice of an application for an official search with priority must remain on the day list until the priority period conferred by the entry has ceased to have effect.
(3) Where the registrar proposes to alter the register without having received an application he must enter his proposal on the day list and, when so entered, the proposal will have the same effect for the purposes of rules 15 and 20 as if it were an application to the registrar made at the date and time of its entry.
(4) In this rule the term "pending application" does not include an application within Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.
Electronic delivery of applications
14.
Any application to which rule 15 applies (other than an outline application under rule 54) may during the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, be delivered by electronic means and the applicant shall provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.
Time at which applications are taken to be made
15.
- (1) An application received on a business day is to be taken as made at the earlier of -
(2) An application received on a day which is not a business day is to be taken as made at the earlier of -
(3) In this rule an application is received when it is delivered -
(4) This rule does not apply to applications under Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.
Applications not in order
16.
- (1) If an application is not in order the registrar may raise such requisitions as he considers necessary, specifying a period (being not less than twenty business days) within which the applicant must comply with the requisitions.
(2) If the applicant fails to comply with the requisitions within that period, the registrar may cancel the application or may extend the period when this appears to him to be reasonable in the circumstances.
(3) If an application appears to the registrar to be substantially defective, he may reject it on delivery or he may cancel it at any time thereafter.
(4) Where a fee for an application is paid by means of a cheque and the registrar becomes aware, before that application has been completed, that the cheque has not been honoured, the application may be cancelled.
Additional evidence and enquiries
17.
If the registrar at any time considers that the production of any further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do any act or make any entry, until such documents, evidence or notices have been supplied or given.
Continuation of application on a transfer by operation of law
18.
If, before an application has been completed, the whole of the applicant's interest is transferred by operation of law, the application may be continued by the person entitled to that interest in consequence of that transfer.
Objections
19.
- (1) Subject to paragraph (5), an objection under section 73 of the Act to an application must be made by delivering to the registrar at the appropriate office a written statement signed by the objector or his conveyancer.
(2) The statement must -
(3) Subject to paragraph (5), the written statement referred to in paragraph (1) must be delivered -
(4) In paragraph (3) the reference to the electronic address and the fax number is to the electronic address or fax number for the appropriate office specified in a direction by the registrar under section 100(4) of the Act as that to be used for delivery of objections.
(5) Where a person is objecting to an application in response to a notice given by the registrar, he may alternatively do so in the manner and to the address stated in the notice as provided by rule 197(1)(c).
(6) In this rule the appropriate office is the same office as the proper office, designated under an order under section 100(3) of the Act, for the receipt of an application relating to the land in respect of which the objection is made, but on the assumption that if the order contains exceptions none of the exceptions apply to that application.
Completion of applications
20.
- (1) Any entry in, removal of an entry from or alteration of the register pursuant to an application under the Act or these rules has effect from the time of the making of the application.
(2) - This rule does not apply to the applications mentioned in section 74 of the Act.
(2) The registrar must enter the mortgagee of the legal charge falling within section 4(1)(g) of the Act as the proprietor of that charge if he is satisfied of that person's entitlement.
First registration-application form
23.
- (1) Subject to paragraph (2), an application for first registration must be made in Form FR1.
(2) Where Her Majesty applies for the first registration of an estate under section 79 of the Act, Form FR1 must be used with such modifications to it as are appropriate and have been approved by the registrar.
Documents to be delivered with a first registration application
24.
- (1) Unless the registrar otherwise directs, every application for first registration must be accompanied by -
(2) On an application to register a rentcharge, franchise or profit a prendre in gross, the land to be identified under paragraph (1)(a) is the land affected by that estate or to which it relates.
First registration of mines and minerals
25.
When applying for first registration of an estate in mines and minerals held apart from the surface, the applicant must provide -
First registration of cellars, flats, tunnels etc
26.
- (1) Subject to paragraph (2), unless all of the land above and below the surface is included in an application for first registration the applicant must provide a plan of the surface on under or over which the land to be registered lies, and sufficient information to define the vertical and horizontal extents of the land.
(2) This rule does not apply where only mines and minerals are excluded from the application.
First registration application where title documents are unavailable
27.
An application for first registration by a person who is unable to produce a full documentary title must be supported by evidence -
Duty to disclose unregistered interests that override first registration
28.
- (1) Subject to paragraph (2), a person applying for first registration must provide information to the registrar about any of the interests that fall within Schedule 1 to the Act that -
in Form DI.
(2) The applicant is not required to provide information about -
(3) In this rule and in Form FR1, a "disclosable overriding interest" is an interest that the applicant must provide information about under paragraph (1).
(4) Where the applicant provides information about a disclosable overriding interest under this rule, the registrar may enter a notice in the register in respect of that interest.
First registration-examination of title
29.
In examining the title shown by the documents accompanying an application for first registration the registrar may have regard to any examination of title by a conveyancer prior to the application and to the nature of the property.
Searches and enquiries by the registrar
30.
In examining title on an application for first registration the registrar may -
First registration-foreshore
31.
- (1) Where it appears to the registrar that any land included in an application for first registration comprises foreshore, he must serve a notice of that application on -
(2) A notice under paragraph (1) must provide a period ending at 12 noon on the twentieth business day after the date of issue of the notice in which to object to the application.
(3) A notice need not be served under paragraph (1) where, if it was served, it would result in it being served on the applicant for first registration.
(4) In this rule -
Mines and minerals-note as to inclusion or exclusion
32.
Where, on first registration of an estate in land which comprises or includes the land beneath the surface, the registrar is satisfied that the mines and minerals are included in or excluded from the applicant's title he must make an appropriate note in the register.
First registration-entry of beneficial rights
33.
- (1) The benefit of an appurtenant right may be entered in the register at the time of first registration if -
the registrar is satisfied that the right subsists as a legal estate and benefits the registered estate.
(2) If the registrar is not satisfied that the right subsists as a legal interest benefiting the registered estate, he may enter details of the right claimed in the property register with such qualification as he considers appropriate.
First registration-registration of a proprietor of a legal mortgage not within rule 22 or rule 38
34.
- (1) The registrar must enter the mortgagee of a legal mortgage to which this rule applies as the proprietor of that charge if on first registration of the legal estate charged by that charge he is satisfied of that person's entitlement.
(2) This rule applies to a legal mortgage -
(b) which is not a charge falling within rule 22 or rule 38.
First registration-entry of burdens
35.
- (1) On first registration the registrar must enter a notice in the register of the burden of any interest which appears from his examination of the title to affect the registered estate.
(2) This rule does not apply to -
First registration-note as to rights of light and air
36.
On first registration, if it appears to the registrar that an agreement prevents the acquisition of rights of light or air for the benefit of the registered estate, he may make an entry in the property register of that estate.
First registration-notice of lease
37.
- (1) Subject to paragraph (2), before completing an application for registration of a leasehold estate with absolute title, the registrar must give notice of the application to the proprietor of the registered reversion.
(2) This rule only applies where -
(b) the lease is not noted in the register of the registered reversion, and
(c) it is not apparent from the application that the proprietor of the registered reversion consents to the registration.
(3) On completing registration of the leasehold estate, the registrar must enter notice of the lease in the register of the registered reversion.
(4) In this rule, "the reversion" refers to the estate that is the immediate reversion to the lease that is the subject of the application referred to in paragraph (1) and "registered reversion" refers to such estate when it is a registered estate.
Application of the Act to dealings prior to first registration
38.
- (1) If, while a person is subject to a duty under section 6 of the Act to make an application to be registered as proprietor of a legal estate, there is a dealing with that estate, then the Act applies to that dealing as if the dealing had taken place after the date of first registration of that estate.
(2) The registration of any dealing falling within paragraph (1) that is delivered for registration with the application made pursuant to section 6 has effect from the time of the making of that application.
Form and arrangement of the cautions register
40.
- (1) The cautions register may be kept in electronic or paper form, or partly in one form and partly in the other.
(2) Subject to paragraph (3), the cautions register will comprise an individual caution register for each caution against the registration of title to an unregistered estate.
(3) On registration of a caution, the registrar may open an individual caution register for each separate area of land affected by the caution as he designates.
Arrangement of individual caution registers
41.
- (1) Each individual caution register will have a distinguishing number, or series of letters and numbers, known as the caution title number.
(2) Each individual caution register will be in two parts called the caution property register and the cautioner's register.
(3) The caution property register will contain -
(4) Where the legal estate to which the caution relates is an estate in land, a rentcharge, or an affecting franchise, the description will refer to a caution plan, which plan will be based on the Ordnance Survey map.
(5) The cautioner's register will contain -
Caution against first registration-application
42.
An application for a caution against first registration must be made in Form CT1 and contain sufficient details, by plan or otherwise, so that the extent of the land to which the caution relates can be identified clearly on the Ordnance Survey map.
Withdrawal of a caution against first registration-application
43.
An application to withdraw a caution against first registration must be made in Form WCT and, if the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.
Cancellation of a caution against first registration-application
44.
- (1) Subject to paragraph (5), an application for the cancellation of a caution against first registration must be in Form CCT.
(2) Where the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.
(3) Where a person applies under section 18(1)(a) of the Act or rule 45(a) or (b)(ii), evidence to satisfy the registrar that he is entitled to apply must accompany the application.
(4) Where the applicant, or a person from whom the applicant derives title to the legal estate by operation of law, has consented to the lodging of the caution, evidence of the facts referred to in rule 46 must accompany the application.
(5) Where an application is made for the cancellation of a caution against first registration by Her Majesty by virtue of rule 45(b)(i), Form CCT must be used with such modifications to it as are appropriate and have been approved by the registrar.
Other persons who may apply to cancel a caution against first registration
45.
In addition to the owner of the legal estate to which the caution relates -
may apply under section 18(1)(b) of the Act for cancellation of a caution against first registration.
Application for cancellation of a caution against first registration by a person who originally consented
46.
A person to whom section 18(2) of the Act applies may make an application for cancellation of a caution against first registration only if -
Consent to registration of a caution against first registration
47.
For the purposes of section 18(2) of the Act a person consents to the lodging of a caution against first registration if before the caution is entered in the cautions register -
Alteration of the cautions register by the court
48.
- (1) If in any proceedings the court decides that the cautioner does not own the relevant interest, or only owns part, or that such interest either wholly or in part did not exist or has come to an end, the court must make an order for alteration of the cautions register under section 20(1) of the Act.
(2) An order for alteration of the cautions register must state the caution title number of the individual caution register affected, describe the alteration that is to be made, and direct the registrar to make the alteration.
(3) For the purposes of section 20(2) of the Act an order for alteration of the cautions register may only be served on the registrar by making an application for him to give effect to the order.
Alteration of the cautions register by the registrar
49.
If the registrar is satisfied that the cautioner does not own the relevant interest, or only owns part, or that such interest did not exist or has come to an end wholly or in part, he must on application alter the cautions register under section 21(1) of the Act.
Applications to the registrar to alter the cautions register and service of notice
50.
- (1) A person who wishes the registrar to alter the cautions register under section 21(1) of the Act must request the registrar to do so by an application, which must include -
(2) Before the registrar alters the cautions register under section 21(1) of the Act he must serve a notice on the cautioner giving details of the application, unless the registrar is satisfied that service of the notice is unnecessary.
Alteration of the cautions register - alteration of cautioner
51.
- (1) A person who claims that the whole of the relevant interest described in an individual caution register is vested in him by operation of law as successor to the cautioner may apply for the register to be altered under section 21(1) of the Act to show him as cautioner in the cautioner's register in place of the cautioner.
(2) If the registrar does not serve notice under rule 50(2) or if the cautioner does not object within the time specified in the notice, the registrar must give effect to the application.
Definition of "the cautioner"
52.
For the purpose of Chapter 2 of Part 2 and section 73(2) of the Act, the other person referred to in sections 22 and 73(2) of the Act shall be the person for the time being shown as cautioner in the cautioner's register, where that person is not the person who lodged the caution against first registration.
The prescribed periods under section 16(2) and section 18(4) of the Act
53.
- (1) The period for the purpose of section 16(2) and section 18(4) of the Act is the period ending at 12 noon on the fifteenth business day after the date of issue of the notice under section 16(1) or section 18(3) of the Act, as the case may be, or such longer period as the registrar may allow following a request under paragraph (2), provided that the longer period never exceeds a period ending at 12 noon on the thirtieth business day after the date of issue of the notice.
(2) The request referred to in paragraph (1) is one by the cautioner to the registrar setting out why the longer period referred to in that paragraph should be allowed.
(3) If a request is received under paragraph (2), the registrar may, if he considers it appropriate, seek the views of the person who applied for registration or cancellation, as the case may be, and if, after considering any such views and all other relevant matters, he is satisfied that a longer period should be allowed he may allow such period (not exceeding a period ending at 12 noon on the thirtieth business day after the date of issue of the notice) as he considers appropriate, whether or not the period is the same as any period requested by the cautioner.
(4) A request under paragraph (2) must be made before the period ending at 12 noon on the fifteenth business day after the date of issue of the notice has expired.
(b) the right, interest or matter the subject of the application must exist at the time the application is made.
(3) During the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, an outline application may be made by -
(4) An outline application must contain the following particulars when made -
(5) Every outline application must be allocated an official reference number and must be identified on the day list as such and must be marked with the date and time at which the application is taken as made and the registrar must acknowledge receipt of any outline application by notifying the applicant, as soon as practicable, of the official reference number allocated to it.
(6) Without prejudice to the power of the registrar to cancel an application under rule 16, the outline application must be cancelled by the registrar unless there is delivered at the appropriate office before the expiry of the reserved period the relevant application form prescribed by these rules, duly completed in respect of the outline application, quoting the official reference number of the outline application and accompanied by the appropriate documentation and the prescribed fee.
(7) If the outline application has been cancelled before the form required by paragraph (6) is delivered at the appropriate office, the registrar shall accept the form as an application in its own right.
(8) In this rule the "appropriate office" is the same office as the proper office, designated under an order under section 100(3) of the Act, for the receipt of an application relating to the land in respect of which the outline application is made, but on the assumption that if the order contains exceptions none of the exceptions apply to the application.
(9) In this rule "reserved period" means the period expiring at 12 noon on the fourth business day following the day that the outline application was taken as made.
Priority of applications
55.
- (1) Where two or more applications relating to the same registered title are under the provisions of rule 15 taken as having been made at the same time, the order in which, as between each other, they rank in priority shall be determined in the manner prescribed by this rule.
(2) Where the applications are made by the same applicant, they rank in such order as he may specify.
(3) Where the applications are not made by the same applicant, they rank in such order as the applicants may specify that they have agreed.
(4) Where the applications are not made by the same applicant, and the applicants have not specified the agreed order of priority, the registrar must notify the applicants that their applications are regarded as having been delivered at the same time and request them to agree, within a specified time (being not less than fifteen business days), their order of priority.
(5) Where the parties fail within the time specified by the registrar to indicate the order of priority of their applications the registrar must propose the order of priority and serve notice on the applicants of his proposal.
(6) Any notice served under paragraph (5) must draw attention to the right of any applicant who does not agree with the registrar's proposal to object to another applicant's application under the provisions of section 73 of the Act.
(7) Where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants have specified that the applications will have priority so as to give effect to the sequence of the documents effecting the transactions.
Dispositions affecting two or more registered titles
56.
- (1) A disposition affecting two or more registered titles may, on the written request of the applicant, be registered as to some or only one of the registered titles.
(2) The applicant may later apply to have the disposition registered as to any of the other registered titles affected by it.
Duty to disclose unregistered interests that override registered dispositions
57.
- (1) Subject to paragraph (2), a person applying to register a registrable disposition of a registered estate must provide information to the registrar about any of the interests that fall within Schedule 3 to the Act that -
in Form DI.
(2) The applicant is not required to provide information about -
(3) In this rule and in Form AP1, a "disclosable overriding interest" is an interest that the applicant must provide information about under paragraph (1).
(4) The applicant must produce to the registrar any documentary evidence of the existence of a disclosable overriding interest that is under his control.
(5) Where the applicant provides information about a disclosable overriding interest under this rule, the registrar may enter a notice in the register in respect of that interest.
Transfer of leasehold land, the rent being apportioned or land exonerated
60.
- (1) A transfer of a registered leasehold estate in land which contains a legal apportionment of or exoneration from the rent reserved by the lease must include the following statement in the additional provisions panel, with any necessary alterations and additions -
(2) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be exonerated from the entire rent, and the covenants in paragraph 20(4) of Schedule 12 to the Act are included, that paragraph shall apply as if -
(3) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be subject to or charged with the entire rent, and the covenants in paragraph 20(3) of Schedule 12 to the Act are included, that paragraph shall apply as if -
Documents executed by attorney
61.
- (1) If any document executed by an attorney is delivered to the land registry, there must be produced to the registrar -
(2) If an order under section 8 of the Enduring Powers of Attorney Act 1985 has been made with respect to a power or the donor of the power or the attorney appointed under it, the order must be produced to the registrar.
(3) In this rule, "power" means the power of attorney.
Evidence of non-revocation of power more than 12 months old
62.
- (1) If any transaction between a donee of a power of attorney and the person dealing with him is not completed within 12 months of the date on which the power came into operation, the registrar may require the production of evidence to satisfy him that the power had not been revoked at the time of the transaction.
(2) The evidence that the registrar may require under paragraph (1) may consist of or include a statutory declaration by the person who dealt with the attorney or a certificate given by that person's conveyancer in Form 2.
Evidence in support of power delegating trustees' functions to a beneficiary
63.
- (1) If any document executed by an attorney to whom functions have been delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996[11] is delivered to the registrar, the registrar may require the production of evidence to satisfy him that the person who dealt with the attorney -
(2) The evidence that the registrar may require under paragraph (1) may consist of or include a statutory declaration by the person who dealt with the attorney or a certificate given by that person's conveyancer either in Form 3 or, where evidence of non-revocation is also required pursuant to rule 62, in Form 2.
(3) The benefit of any covenant implied under sections 76 and 77 of the LPA 1925 or either of them will, on and after the registration of the disposition in which it is implied, be annexed and incident to and will go with the registered proprietorship of the interest for the benefit of which it is given and will be capable of being enforced by the proprietor for the time being of that interest.
(4) The provisions of paragraphs (2)(b) and (3) are in addition to and not in substitution for the other provisions relating to covenants contained in the LPA 1925.
(5) Except as provided in paragraph (6), no reference to any covenant implied by virtue of Part I of the 1994 Act, or by section 76 of the LPA 1925 as applied by section 11(1) of the 1994 Act, shall be made in the register.
(6) A reference may be made in the register where a registrable disposition of leasehold land limits or extends the covenant implied under section 4 of the 1994 Act.
(7) In this rule "the LPA 1925" means the Law of Property Act 1925[12] and "the 1994 Act" means the Law of Property (Miscellaneous Provisions) Act 1994[13].
Additional provisions as to implied covenants
68.
- (1) A document effecting a registrable disposition which contains a provision limiting or extending any covenant implied by virtue of Part I of the Law of Property (Miscellaneous Provisions) Act 1994 must include a statement referring to the section of that Act in which the covenant is set out.
(2) The statement required by paragraph (1) must be in one of the following forms -
Transfer of registered estate subject to a rentcharge
69.
- (1) Where the covenants set out in Part VII or Part VIII of Schedule 2 to the LPA 1925 are included in a transfer, the references to "the grantees", "the conveyance" and "the conveying parties" shall be treated as references to the transferees, the transfer and the transferors respectively.
(2) Where in a transfer to which section 77(1)(B) of the LPA 1925 does not apply, part of a registered estate affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be exonerated from the entire rent, and the covenants in paragraph (ii) of Part VIII of Schedule 2 to the LPA 1925 are included, that paragraph shall apply as if -
(3) Where in a transfer to which section 77(1)(B) of the LPA 1925 does not apply, part of a registered estate affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be subject to or charged with the entire rent, and the covenants in paragraph (i) of Part VIII of Schedule 2 to the LPA 1925 are included, that paragraph shall apply as if -
(4) On a transfer of a registered estate subject to a rentcharge -
by adding suitable words to the transfer.
(5) In this rule "the LPA 1925" means the Law of Property Act 1925.
(2) After the description required to be made in the property register under rule 5(a) the registrar may make an entry to the effect that the description is an entry made under that rule and is not a note that the registered estate includes the mines or minerals to which paragraph 2 of Schedule 8 to the Act refers.
Note as to inclusion of mines or minerals in the registered estate
71.
- (1) This rule applies where a registered estate includes any mines or minerals but there is no note in the register to that effect and the registered proprietor of the registered estate applies for a note to be entered that the registered estate includes the mines or minerals or specified mines or minerals.
(2) An application for the entry of the note must be accompanied by evidence to satisfy the registrar that the mines or minerals were vested in the applicant for first registration of the registered estate at the time of first registration and were so vested in the same capacity as the remainder of the estate in land then sought to be registered.
(3) If the registrar is satisfied that mines or minerals were so vested in that applicant he must enter the appropriate note.
(2) Subject to paragraph (4), on a transfer or charge of part of the registered estate in a registered title entries will be made in the individual register of the registered title comprising the part transferred or charged relating to any rights, covenants, provisions, and other matters created by the transfer or charge which the registrar considers affect the transferred or charged part.
(3) The registrar may, instead of making the entry referred to in paragraph (1)(a), make a new edition of the registered title out of which the transfer or charge is made and, if the registrar considers it desirable, he may allot a new title number to that registered title.
(4) This rule only applies to a charge of part of a registered estate in a registered title if the registrar decides that the charged part will be comprised in a separate registered title from the uncharged part.
Application for register entries for express appurtenant rights over unregistered land
73.
- (1) A proprietor of a registered estate who claims the benefit of a legal easement or profit a prendre which has been expressly granted over an unregistered legal estate may apply for it to be registered as appurtenant to his estate.
(2) The application must be accompanied by the grant and evidence of the grantor's title to the unregistered estate.
(3) In paragraph (1) the reference to express grant does not include a grant as a result of the operation of section 62 of the Law of Property Act 1925[14].
Application for register entries for implied or prescriptive appurtenant rights
74.
- (1) A proprietor of a registered estate who claims the benefit of a legal easement or profit a prendre, which has been acquired otherwise than by express grant, may apply for it to be registered as appurtenant to his estate.
(2) The application must be accompanied by evidence to satisfy the registrar that the right subsists as a legal estate appurtenant to the applicant's registered estate.
(3) In paragraph (1) the reference to an acquisition otherwise than by express grant includes acquired as a result of the operation of section 62 of the Law of Property Act 1925.
Qualified register entries for appurtenant rights
75.
- (1) This rule applies where a proprietor of a registered estate makes an application under rule 73 or rule 74 and the registrar is not satisfied that the right claimed subsists as a legal estate appurtenant to the applicant's registered estate.
(2) The registrar may enter details of the right claimed in the property register with such qualification as he considers appropriate.
Note as to rights of light or air
76.
If it appears to the registrar that an agreement prevents the acquisition of rights of light or air for the benefit of the registered estate, he may make an entry in the property register of that estate.
No entry on reversionary title of a right of entry in lease
77.
Where a right of re-entry is contained in a lease the registrar need not make any entry regarding such right in the registered title of the reversionary estate.
Note of variation of lease etc on register
78.
An application to register the variation of a lease or other disposition of a registered estate or a registered charge which has been completed by registration must be accompanied by the instrument (if any) effecting the variation and evidence to satisfy the registrar that the variation has effect at law.
Determination of registered estates
79.
- (1) An application to record in the register the determination of a registered estate must be accompanied by evidence to satisfy the registrar that the estate has determined.
(2) Subject to paragraph (3), if the registrar is satisfied that the estate has determined, he must close the registered title to the estate and cancel any notice in any other registered title relating to it.
(3) Where an entry is made under rule 173 the registrar need not close the registered title to the estate until a freehold legal estate in land in respect of the land in which such former estate subsisted has been registered.
Application for an agreed notice
81.
- (1) Subject to paragraph (2), an application for the entry in the register of an agreed notice (including an agreed notice in respect of any variation of an interest protected by a notice) must be -
(2) Paragraph (1) does not apply to an application for the entry of a matrimonial home rights notice made under rule 82.
Application for a matrimonial home rights notice or its renewal
82.
- (1) An application under section 31(10)(a) or section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the Family Law Act 1996[17] for the entry of an agreed notice in the register must be in Form MH1.
(2) An application to renew the registration of a matrimonial home rights notice or a matrimonial home rights caution under section 32 of, and paragraph 4(3)(a) of Schedule 4 to, the Family Law Act 1996 must be in Form MH2.
(3) An application in Form MH1, where the application is made under section 32 of, and paragraph 4(3)(b) of Schedule 4 to, the Family Law Act 1996, or in Form MH2 must be accompanied by -
Application for entry of a unilateral notice
83.
An application for the entry in the register of a unilateral notice must be in Form UN1.
Entry of a notice in the register
84.
- (1) A notice under section 32 of the Act must be entered in the charges register of the registered title affected.
(2) The entry must identify the registered estate or registered charge affected and, where the interest protected by the notice only affects part of the registered estate in a registered title, it must contain sufficient details, by reference to a plan or otherwise, to identify clearly that part.
(3) In the case of a notice (other than a unilateral notice), the entry must give details of the interest protected.
(4) In the case of a notice (other than a unilateral notice) of a variation of an interest protected by a notice, the entry must give details of the variation.
(5) In the case of a unilateral notice, the entry must give such details of the interest protected as the registrar considers appropriate.
Removal of a unilateral notice
85.
- (1) An application for the removal of a unilateral notice from the register under section 35(3) of the Act must be in Form UN2.
(2) The personal representative or trustee in bankruptcy of the person shown in the register as the beneficiary of a unilateral notice may apply under section 35(3) of the Act; and if he does he must provide evidence to satisfy the registrar as to his appointment as personal representative or trustee in bankruptcy.
(3) If the registrar is satisfied that the application is in order he must remove the notice.
Cancellation of a unilateral notice
86.
- (1) An application to cancel a unilateral notice under section 36 of the Act must be made in Form UN4.
(2) An application made under section 36(1)(b) of the Act must be accompanied by -
(3) The period referred to in section 36(3) of the Act is the period ending at 12 noon on the fifteenth business day after the date of issue of the notice or such longer period as the registrar may allow following a request under paragraph (4), provided that the longer period never exceeds a period ending at 12 noon on the thirtieth business day after the issue of the notice.
(4) The request referred to in paragraph (3) is one by the beneficiary to the registrar setting out why the longer period referred to in that paragraph should be allowed.
(5) If a request is received under paragraph (4) the registrar may, if he considers it appropriate, seek the views of the person who applied for cancellation and if after considering any such views and all other relevant matters he is satisfied that a longer period should be allowed he may allow such period (not exceeding a period ending at 12 noon on the thirtieth business day after the issue of the notice) as he considers appropriate, whether or not the period is the same as any period requested by the beneficiary.
(6) A request under paragraph (4) must be made before the period ending at 12 noon on the fifteenth business day after the date of issue of the notice under section 36(2) of the Act has expired.
(7) A person entitled to be registered as the beneficiary of a notice under rule 88 may object to an application under section 36(1) of the Act for cancellation of that notice and the reference to the beneficiary in section 36(3) includes such a person.
Cancellation of a notice (other than a unilateral notice or a matrimonial home rights notice)
87.
- (1) An application for the cancellation of a notice (other than a unilateral notice or a matrimonial home rights notice) must be in Form CN1 and be accompanied by evidence to satisfy the registrar of the determination of the interest.
(2) Where a person applies for cancellation of a notice in accordance with paragraph (1) and the registrar is satisfied that the interest protected by the notice has come to an end, he must cancel the notice or make an entry in the register that the interest so protected has come to an end.
(3) If the interest protected by the notice has only come to an end in part, the registrar must make an appropriate entry.
Registration of a new or additional beneficiary of a unilateral notice
88.
- (1) A person entitled to the benefit of an interest protected by a unilateral notice may apply to be entered in the register in place of, or in addition to, the registered beneficiary.
(2) An application under paragraph (1) must be -
(3) Subject to paragraph (4), if an application is made in accordance with paragraph (2) and the registrar is satisfied that the interest protected by the unilateral notice is vested -
(4) Except where one of the circumstances specified in paragraph (5) applies, the registrar must serve notice of the application on the registered beneficiary before entering the applicant in the register.
(5) The registrar is not obliged to serve notice on the registered beneficiary if -
(6) In this rule, "registered beneficiary" means the person shown in the register as the beneficiary of the notice at the time an application is made under paragraph (1).
Notice of unregistered interests
89.
- (1) If the registrar enters a notice of an unregistered interest under section 37(1) of the Act, he must give notice -
(2) The registrar is not obliged to give notice to a registered proprietor under paragraph (1)(a) who applies for entry of the notice or otherwise consents to an application to enter the notice.
(3) The registrar is not obliged to give notice to a person referred to in paragraph (1)(b) if -
Application for entry of a notice under paragraph 5(2) or, in certain cases, paragraph 7(2)(a) of Part 1 of Schedule 2 to the Act
90.
An application to meet the registration requirements under -
must be made in Form AP1.
that person's address for service,
(c) if the application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, and that consent is not given in Form RX1, the relevant consent,
(d) if the application is made by or with the consent of a person entitled to be registered as the relevant registered proprietor, evidence to satisfy the registrar of his entitlement, and
(e) if the application is made by a person who claims that he has a sufficient interest in the making of the entry, the statement referred to in paragraph (3) signed by the applicant or his conveyancer.
(3) The statement required under paragraph (2)(e) must either -
(4) If requested to do so, an applicant within paragraph (2)(e) must supply further evidence to satisfy the registrar that he has a sufficient interest.
(5) The registrar may accept a certificate given by a conveyancer that the conveyancer is satisfied that the person making or consenting to the application is entitled to be registered as the relevant proprietor, and that either -
(6) If an application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, the registrar may accept a certificate given by a conveyancer that the conveyancer holds the relevant consent.
(7) Paragraph (1) of this rule does not apply where -
(8) This rule does not apply to an application to the registrar to give effect to an order of the court made under section 46 of the Act.
(9) The period for the purpose of section 45(2) of the Act is the period ending at 12 noon on the fifteenth business day after the date of issue of the notice under section 45(1) or, if more than one such notice is issued, the date of issue of the latest notice.
(10) In this rule "approved charge" means a charge, the form of which (including the application for the restriction) has first been approved by the registrar.
Persons regarded as having a sufficient interest to apply for a restriction
93.
The following persons are to be regarded as included in section 43(1)(c) of the Act -
(e) the donee of a special power of appointment in relation to registered land affected by that power,
(f) the Charity Commissioners in relation to registered land held upon charitable trusts,
(g) the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance if applying for a restriction -
(h) any person with the benefit of a freezing order or an undertaking given in place of a freezing order, who is applying for a restriction in Form AA or BB,
(i) any person who has applied for a freezing order and who is applying for a restriction in Form CC or DD,
(j) a trustee in bankruptcy who has an interest in a beneficial interest in registered land held under a trust of land, and who is applying for a restriction in Form J to be entered in the register of that land,
(k) any person with the benefit of a charging order over a beneficial interest in registered land held under a trust of land who is applying for a restriction in Form K to be entered in the register of that land,
(l) a person who has obtained a restraint order under -
(m) a person who has applied for a restraint order under the provisions referred to in paragraph (1) and who is applying for a restriction in Form GG or HH,
(n) a person who has obtained an acquisition order under section 28 of the Landlord and Tenant Act 1987[21] and who is applying for a restriction in Form L or N,
(o) a person who has applied for an acquisition order under section 28 of the Landlord and Tenant Act 1987 and who is applying for a restriction in Form N,
(p) a person who has obtained a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993[22] and who is applying for a restriction in Form L or N,
(q) a person who has applied for a vesting order under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 and who is applying for a restriction in Form N,
(r) the International Criminal Court where it applies for a restriction -
(s) a receiver or a sequestrator appointed by order who applies for a restriction in Form L or N,
(t) a trustee under a deed of arrangement who applies for a restriction in Form L or N,
(u) a person who has obtained an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form EE or FF, and
(v) a person who has applied for an interim receiving order under section 246 of the Proceeds of Crime Act 2002 and who is applying for a restriction in Form GG or HH.
When an application for a restriction must be made
94.
- (1) A proprietor of a registered estate must apply for a restriction in Form A where -
(2) A sole or last surviving trustee of land held on a trust of land must, when applying to register a disposition of a registered estate in his favour or to be registered as proprietor of an unregistered estate, at the same time apply for a restriction in Form A.
(3) Subject to paragraph (6), a personal representative of a deceased person who holds a registered estate on a trust of land created by the deceased's will, or on a trust of land arising under the laws of intestacy which is subsequently varied, and whose powers have been limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996[24], must apply for a restriction in Form C.
(4) Subject to paragraphs (6) and (7), a proprietor of a registered estate must apply for a restriction in Form B where -
(5) Subject to paragraphs (6) and (7), an applicant for first registration of a legal estate held on a trust of land where the powers of the trustees are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996 must at the same time apply for a restriction in Form B.
(6) Paragraphs (3), (4) and (5) do not apply to legal estates held on charitable, ecclesiastical or public trusts.
(7) Paragraphs (4) and (5) apply not only where the legal estate is held by the trustees, but also where it is vested in the personal representatives of a sole or last surviving trustee.
(8) An application for a restriction must be made where required by paragraphs (2) or (3) of rule 176 or paragraph (2) of rule 178.
Form of obligatory restrictions
95.
- (1) The form of any restriction that the registrar is obliged to enter under any enactment shall be -
(2) The form of the restriction required under -
Application for an order that a restriction be disapplied or modified
96.
- (1) An application to the registrar for an order under section 41(2) of the Act must be made in Form RX2.
(2) The application must -
(3) If requested to do so, the applicant must supply further evidence to satisfy the registrar that he should make the order.
(4) The registrar may make such enquiries and serve such notices as he thinks fit in order to determine the application.
(5) A note of the terms of any order made by the registrar under section 41(2) of the Act must be entered in the register.
Application to cancel a restriction
97.
- (1) An application to cancel a restriction must be made in Form RX3.
(2) The application must be accompanied by evidence to satisfy the registrar that the restriction is no longer required.
(3) If the registrar is satisfied that the restriction is no longer required, he must cancel the restriction.
Application to withdraw a restriction from the register
98.
- (1) An application to withdraw a restriction must be made in Form RX4 and accompanied by the consents required under paragraphs (2) to (5).
(2) Subject to paragraphs (3), (4) and (5) an application to withdraw a restriction may only be made by or with the consent of all persons who appear to the registrar to have an interest in the restriction.
(3) An application to withdraw a restriction that requires the consent of a specified person may only be made by or with the consent of that person.
(4) An application to withdraw a restriction that requires notice to be given to a specified person may only be made by or with the consent of that person.
(5) An application to withdraw a restriction that requires a certificate to be given by a specified person may only be made by or with the consent of that person.
(6) No application may be made to withdraw a restriction -
(7) The registrar may accept a certificate given by a conveyancer that the conveyancer holds any consents required.
Cancellation of a restriction relating to a trust
99.
When registering a disposition of a registered estate, the registrar must cancel a restriction entered for the purpose of protecting an interest, right or claim arising under a trust of land if he is satisfied that the registered estate is no longer subject to that trust of land.
Entry following a direction of the court regarding overriding priority in connection with a restriction
100.
- (1) Any entry in the register required under section 46(4) of the Act shall be in such form as the registrar may determine so as to ensure that the priority of the restriction ordered by the court is apparent from the register.
(2) Where the making of the entry is completed by the registrar during the priority period of an official search which was delivered before the making of the application for the entry, he must give notice of the entry to the person who applied for the official search or, if a conveyancer or other agent applied on behalf of that person, to that agent, unless he is satisfied that such notice is unnecessary.
may apply for the entry to be removed or to be replaced by an entry of the kind referred to in paragraph (2).
(6) Paragraph (5)(b) includes the proprietor of a statutory charge entered in the charges register of the affected registered title which has had an entry made in respect of it under paragraph (3) claiming priority over the statutory charge referred to in paragraph (5)(a).
(7) An applicant under paragraph (5) must provide evidence to satisfy the registrar that the registrar should take the action sought by the applicant under that paragraph.
(8) Before taking the action sought by the applicant under paragraph (5), the registrar must give notice of the application to any proprietors within that paragraph (other than the applicant).
Service of notice of overriding statutory charges
106.
- (1) The registrar shall give notice under section 50 of the Act to -
entered in the charges register of the affected registered title at the time of registration of the statutory charge.
(2) The registrar shall not be obliged to give notice to a person referred to in paragraph (1)(b) if that person's name and his address for service under rule 198 are not set out in the individual register in which the notice is entered.
Further advances - notice of creation of subsequent charge
107.
- (1) A notice given for the purposes of section 49(1) of the Act by one of the methods mentioned in paragraph (2) ought to have been received at the time shown in the table in paragraph (4).
(2) The methods referred to in paragraph (1) are -
(3) This paragraph applies where the prior chargee has provided to the subsequent chargee a postal address, document exchange box number, fax number, e-mail or other electronic address, and stated in writing to the subsequent chargee that notices to the prior chargee under section 49(1) of the Act may be sent to that address, box number or fax number.
(4) For the purposes of section 49(2) of the Act a notice sent in accordance with paragraph (2) or (3) ought to have been received at the time shown in the table below -
Method of delivery | Time of receipt |
Post to an address in the United Kingdom | The second working day after posting |
Leaving at a postal address | The working day after it was left |
Post to an address outside the United Kingdom | The seventh working day after posting |
Document exchange | On the second working day after it was left at the sender's document exchange |
Fax | The working day after transmission |
Electronic transmission to an electronic address entered in the register as an address for service or e-mail or other electronic means of delivery under paragraph (3) | The second working day after transmission |
Obligations to make further advances
108.
- (1) The proprietor of a registered charge or a person applying to be so registered, who is under an obligation to make further advances on the security of that charge, may apply to the registrar for such obligation to be entered in the register for the purposes of section 49(3) of the Act.
(2) Except as provided in paragraph (3), the application must be made in Form CH2.
(3) Form CH2 need not be used if the application is contained in panel 7 of Form CH1, or in a charge received for registration where the form of that charge has been approved by the registrar.
(4) The registrar must make an entry in the register in such terms as he considers appropriate to give effect to an application under this rule.
Agreement of maximum amount of security
109.
- (1) Where the parties to a legal charge which is a registered charge or which is a registrable disposition have agreed a maximum amount for which the charge is security, the proprietor of the registered charge or a person applying to be registered as proprietor of the registrable disposition may apply to the registrar for such agreement to be entered in the register under section 49(4) of the Act.
(2) The application must be made in Form CH3.
(3) The registrar must make an entry in the register in such terms as he considers appropriate to give effect to an application under this rule.
Consolidation of registered charges
110.
- (1) A chargee who has a right of consolidation in relation to a registered charge may apply to the registrar for an entry to be made in respect of that right in the individual register in which the charge is registered.
(2) The application must be made in Form CC.
(3) The registrar must make an entry in the individual register in such terms as he considers appropriate to give effect to an application under this rule.
Certificate of registration of company charges
111.
- (1) When making an application for the registration of a charge created by a company registered under the Companies Acts, a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000[30], or a Northern Ireland company, the applicant must produce to the registrar -
(2) If the applicant does not produce the certificate required by paragraph (1) with the application for registration of the charge, the registrar must enter a note in the register that the charge is subject to the provisions of section 395 or section 410 of the 1985 Act, or article 403 of the 1986 Order (as appropriate).
(3) In this rule -
Foreclosure - registration requirements
112.
- (1) Subject to paragraph (3), an application by a person who has obtained an order for foreclosure absolute to be entered in the register as proprietor of the registered estate in respect of which the charge is registered must be accompanied by the order.
(2) The registrar must -
(3) The registrar may accept a conveyancer's certificate confirming that the conveyancer holds the order for foreclosure absolute or an office copy of it.
Variation of the terms of a registered charge
113.
- (1) An application to register an instrument varying the terms of a registered charge must be made -
but no such consent is required from a person who has executed the instrument.
(2) The registrar may accept a conveyancer's certificate confirming that the conveyancer holds any necessary consents.
(3) If the registrar is satisfied that the proprietor of any other registered charge of equal or inferior priority to the varied charge that is prejudicially affected by the variation is bound by it, he shall make a note of the variation in the register.
(4) If the registrar is not so satisfied, he may make an entry in the register that an instrument which is expressed to vary the terms of the registered charge has been entered into.
Discharges and releases of registered charges
114.
- (1) Subject to rule 115, a discharge of a registered charge must be in Form DS1.
(2) Subject to rule 115, a release of part of the registered estate in a registered title from a registered charge must be in Form DS3.
(3) Any discharge or release in Form DS1 or DS3 must be executed as a deed or authenticated in such other manner as the registrar may approve.
(4) Notwithstanding paragraphs (1) and (2) and rule 115, the registrar is entitled to accept and act upon any other proof of satisfaction of a charge that he may regard as sufficient.
(5) An application to register a discharge in Form DS1 must be made in Form AP1 or DS2 and an application to register a release in Form DS3 must be made in Form AP1.
Discharges and releases of registered charges in electronic form
115.
- (1) During the currency of a notice given under Schedule 2 and subject to and in accordance with the limitations contained in such notice, notification of -
(2) Notification of discharge or release of part given in accordance with paragraph (1) shall be regarded as having the same effect as a discharge in Form DS1, or a release of part in Form DS3, as appropriate, executed in accordance with rule 114 by or on behalf the person who has delivered it to the registrar.
Transfer of a registered charge
116.
A transfer of a registered charge must be in Form TR3, TR4 or AS2, as appropriate.
Procedure on an application for the determination of the exact line of a boundary
119.
- (1) Where the registrar is satisfied that -
he must give the owners of the land adjoining the boundary to be determined (except the applicant) notice of the application to determine the exact line of the boundary and of the effect of paragraph (6).
(2) Where the evidence supplied in accordance with rule 118(2)(b) includes an agreement in writing as to the exact line of the boundary with an owner of the land adjoining the boundary, the registrar need not give notice of the application to that owner.
(3) Subject to paragraph (4), the time fixed by the notice to the owner of the land to object to the application shall be the period ending at 12 noon on the twentieth business day after the date of issue of the notice or such longer period as the registrar may decide before the issue of the notice.
(4) The period set for the notice under paragraph (3) may be extended for a particular recipient of the notice by the registrar following a request by that recipient, received by the registrar before that period has expired, setting out why an extension should be allowed.
(5) If a request is received under paragraph (4) the registrar may, if he considers it appropriate, seek the views of the applicant and if, after considering any such views and all other relevant matters, he is satisfied that a longer period should be allowed he may allow such period as he considers appropriate, whether or not the period is the same as any period requested by the recipient of the notice.
(6) Unless any recipient of the notice objects to the application to determine the exact line of the boundary within the time fixed by the notice (as extended under paragraph (5), if applicable), the registrar must complete the application.
(7) Where the registrar is not satisfied as to paragraph (1)(a), (b) and (c), he must cancel the application.
(8) In this rule, the "owner of the land" means -
Completion of application for the exact line of a boundary to be determined
120.
- (1) Where the registrar completes an application under rule 118, he must -
(2) Instead of, or as well as, adding particulars of the exact line of the boundary to the title plans mentioned in paragraph (1)(b), the registrar may make an entry in the individual registers mentioned in paragraph (1)(a) referring to any other plan showing the exact line of the boundary.
Relationship between determined and undetermined parts of a boundary
121.
Where the exact line of part of the boundary of a registered estate has been determined, the ends of that part of the boundary are not to be treated as determined for the purposes of adjoining parts of the boundary the exact line of which has not been determined.
Determination of the exact line of a boundary without application
122.
- (1) This rule applies where -
(b) there is a common boundary, and
(c) there is sufficient information in the disposition to enable the registrar to determine the exact line of the common boundary.
(2) The registrar may determine the exact line of the common boundary and if he does he must -
(3) Instead of, or as well as, adding particulars of the exact line of the common boundary to the title plans mentioned in paragraph (2)(b), the registrar may make an entry in the individual registers of the affected registered titles referring to the description of the common boundary in the disposition.
(4) In this rule -
Agreement about accretion or diluvion
123.
- (1) An application to register an agreement about the operation of accretion or diluvion in relation to a registered estate in land must be made by, or be accompanied by the consent of, the proprietor of the registered estate and of any registered charge, except that no such consent is required from a person who is party to the agreement.
(2) On registration of such an agreement the registrar must make a note in the property register that the agreement is registered for the purposes of section 61(2) of the Act.
(4) An application under section 62(3)(b) of the Act must, in addition to the documents referred to in paragraph (2), be accompanied by the documents listed at paragraph (3)(a) to (c).
(5) An application by a person entitled to be registered as the proprietor of the estate to which the application relates must be accompanied by evidence of that entitlement.
(6) An application by a person interested in a registered estate which derives from the estate to which the application relates must be accompanied by -
Use of register to record defects in title
125.
- (1) An entry under section 64 of the Act that a right to determine a registered estate in land is exercisable shall be made in the property register.
(2) An application for such an entry must be supported by evidence to satisfy the registrar that the applicant has the right to determine the registered estate and that the right is exercisable.
(3) Subject to paragraph (4), the registrar must make the entry on receipt of an application which relates to a right to determine the registered estate on non-payment of a rentcharge.
(4) Before making an entry under this rule the registrar must give notice of the application to the proprietor of the registered estate to which the application relates and the proprietor of any registered charge on that estate.
(5) A person may apply to the registrar for removal of the entry if he is -
(6) An application for removal of the entry must be supported by evidence to satisfy the registrar that the right to determine the registered estate is not exercisable.
it must make an order for alteration of the register under the power given by paragraph 2(1) of Schedule 4 to the Act.
(2) The court is not obliged to make an order if there are exceptional circumstances that justify not doing so.
(3) This rule does not apply to an alteration of the register that amounts to rectification.
Court order for alteration of the register - form and service
127.
- (1) An order for alteration of the register must state the title number of the title affected and the alteration that is to be made, and must direct the registrar to make the alteration.
(2) Service on the registrar of an order for alteration of the register must be made by making an application for the registrar to give effect to the order, accompanied by the order.
Alteration otherwise than pursuant to a court order - notice and enquiries
128.
- (1) Subject to paragraph (5), this rule applies where an application for alteration of the register has been made, or where the registrar is considering altering the register without an application having been made.
(2) The registrar must give notice of the proposed alteration to -
where that estate, charge or interest would be affected by the proposed alteration, unless he is satisfied that such notice is unnecessary.
(3) The registrar is not obliged to give notice to a person referred to in paragraph (2)(c) if that person's name and his address for service under rule 198 are not set out in the individual register in which the notice is entered.
(4) The registrar may make such enquiries as he thinks fit.
(5) This rule does not apply to alteration of the register in the specific circumstances covered by any other rule.
Alteration otherwise than under a court order - evidence
129.
Unless otherwise provided in these rules, an application for alteration of the register (otherwise than under a court order) must be supported by evidence to justify the alteration.
Correction of mistakes in an application or accompanying document
130.
- (1) This rule applies to any alteration made by the registrar for the purpose of correcting a mistake in any application or accompanying document.
(2) The alteration will have effect as if made by the applicant or other interested party or parties -
Delivery of applications and issuing of certificates by electronic and other means
132.
- (1) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, any application under this Part may be made by delivering the application to the registrar by any means of communication other than post, document exchange or personal delivery, and the applicant must provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.
(2) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, any certificates and other results of applications and searches under this Part may be issued by any means of communication other than post, document exchange or personal delivery.
(3) Except where otherwise provided in this Part, where information is issued under paragraph (2) it must be to like effect to that which would have been provided had the information been issued in paper form.
(3) Subject to rule 132(1), an application under section 66 of the Act must be in Form PIC.
(4) Where inspection and copying under this rule takes place at an office of the land registry it must be undertaken in the presence of a member of the land registry.
(5) In paragraph (2) the references to Form EX1A and Form CIT and Forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a Form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.
(2) Subject to rule 132(1), an application under paragraph (1) must be in Form OC1.
(3) A separate application must be made in respect of each registered title or individual caution register.
(4) Where, notwithstanding paragraph (3), an application is in respect of more than one registered title or individual caution register, but the applicant fails to provide a title number, or the title number provided does not relate to any part of the property in respect of which the application is made, the registrar may -
(5) In paragraph (4) the reference to title number includes in the case of an individual caution register a caution title number.
(6) Where the registrar deals with the application under paragraph (4)(b), the applicant is to be treated as having made a separate application in respect of each of the registered titles or each of the individual caution registers.
(7) An official copy of an individual caution register and any caution plan referred to in it must be issued disregarding any application or matter that may affect the subsistence of the caution.
Application for official copies of documents referred to in the register of title and other documents kept by the registrar
135.
- (1) Subject to paragraphs (2) and (3), a person may apply for an official copy of -
(2) There is excepted from paragraph (1) -
(3) During the transitional period, paragraph (1) is also subject to rule 139.
(4) Subject to rule 132(1), an application under paragraph (1) must be made in Form OC2.
(5) In paragraph (2) the references to Form EX1A and Form CIT and Forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a Form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.
(3) Subject to paragraph (4), provided that the registrar is satisfied that the applicant's claim is not groundless he must designate the relevant document an exempt information document.
(4) Where the registrar considers that designating the document an exempt information document could prejudice the keeping of the register, he may cancel the application.
(5) Where a document is an exempt information document, the registrar may make an appropriate entry in the individual register of any affected registered title.
(6) Where a document is an exempt information document and a further application is made under paragraph (1) which would, but for the existing designation, have resulted in its being so designated, the registrar must prepare another edited information document which excludes -
(7) In this rule a "relevant document" is a document -
Application for an official copy of an exempt information document
137.
- (1) A person may apply for an official copy of an exempt information document.
(2) Subject to rule 132(1), application under paragraph (1) must be made in Form EX2.
(3) The registrar must give notice of an application under paragraph (1) to the person who made the relevant application under rule 136(1) unless he is satisfied that such notice is unnecessary or impracticable.
(4) If the registrar decides that -
then he must provide an official copy of the exempt information document to the applicant.
(5) Where the registrar has decided an application under paragraph (1) on the basis that none of the information is prejudicial information, he must remove the designation of the document as an exempt information document and any entry made in respect of the document under rule 136(5).
Application for removal of the designation of a document as an exempt information document
138.
- (1) Where a document is an exempt information document, the person who applied for designation under rule 136(1) may apply for the designation to be removed.
(2) Subject to rule 132(1), an application made under paragraph (1) must be in Form EX3.
(3) Subject to paragraph (4), where the registrar is satisfied that the application is in order, he must remove the designation of the document as an exempt information document and remove any entry made in respect of the document under rule 136(5).
(4) Where -
the registrar must replace the existing edited information document with one that excludes only the information excluded both from that edited information document and the edited information documents lodged under rule 136(2)(b) by those applicants not applying under paragraph (1).
(3) Subject to rule 132(1), an application under paragraph (2) must be made in Form PIC, OC2 or PN1, as appropriate, with Form CIT attached.
(4) A qualifying applicant who applies -
may attach Form CIT to the Form PIC, OC1, OC2, HC1, SIM or SIF, as appropriate, used in the application.
(5) In Form CIT and Schedule 5, references to tax are references to any of the taxes mentioned in the definition of tax in section 118(1) of the Taxes Management Act 1970[42].
(2) An application under paragraph (1) may only be made during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice.
(3) The registrar is not required to disclose under this rule any information concerning a notification once the entries of the registered charge to which it relates have been cancelled from the relevant registered title, or the affected part of it.
Certificate of inspection of title plan
143.
- (1) Where a person has applied under rule 134 for a certificate of inspection of a title plan, on completion of the inspection the registrar must issue a certificate of inspection.
(2) Subject to rule 132(2), the certificate of inspection must be issued by the registrar in Form CI or to like effect.
of a registered title, and of a registered title that has been closed, kept by the registrar in electronic form.
(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form HC1.
(3) Subject to paragraph (4), if an application under paragraph (1) is in order and the registrar is keeping in electronic form an edition of the registered title for the day specified in the application, he must issue -
(4) Where only part of the edition of the registered title requested is kept by the registrar in electronic form he must issue, subject to rule 132(2), a paper copy of that part.
(3) Subject to paragraph (4), the entry on the day list of notice of an application for an official search with priority confers a priority period on an application for an entry in the register in respect of the protectable disposition to which the official search relates.
(4) Paragraph (3) does not apply if the application for an official search with priority is cancelled subsequently because it is not in order.
Issue of official search certificate with priority
149.
- (1) If an application for an official search with priority is in order an official search certificate with priority must be issued giving the result of the search as at the date and time that the application was entered on the day list.
(2) An official search certificate with priority relating to a registered estate or to a pending application for first registration may, at the registrar's discretion, be issued in one or both of the following ways -
(3) Subject to paragraph (4), an official search certificate issued under paragraph (2) must include such information as specified in Part 3 or Part 4 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.
(4) If an official search certificate is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 and A, H and I of Part 4 of Schedule 6, as the case may require.
Withdrawal of official search with priority
150.
- (1) Subject to paragraph (2), a person who has made an application for an official search with priority of a registered title or in relation to a pending first registration application, may withdraw that official search by application to the registrar.
(2) An application under paragraph (1) cannot be made if an application for an entry in the register in respect of the protectable disposition made pursuant to the official search has been made and completed.
(3) Once an official search has been withdrawn under paragraph (1) rule 148(3) shall cease to apply in relation to it.
Protection of an application on which a protected application is dependent
151.
- (1) Subject to paragraph (4), paragraph (2) has effect where an application for an entry in the register is one on which an official search certificate confers a priority period and there is a prior registrable disposition affecting the same registered land, on which that application is dependent.
(2) An application for an entry in the register in relation to that prior registrable disposition is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.
(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1).
(4) Paragraph (2) does not have effect unless both the application referred to in paragraph (1) and the application referred to in paragraph (2) are -
Protection of an application relating to a pending application for first registration on which a protected application is dependent
152.
- (1) Subject to paragraphs (4) and (5), paragraph (2) has effect where -
(2) An application for an entry in the register in relation to the prior registrable disposition referred to in paragraph (1)(c) is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.
(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1)(b).
(4) Paragraph (2) does not have effect unless the pending application for first registration referred to in paragraph (1)(a) is in due course completed by registration of all or any part of the registrable estate.
(5) Paragraph (2) does not have effect unless both the pending application on which an official search confers priority referred to in paragraph (1)(b) and the application relating to the prior registrable disposition referred to in paragraph (1)(c) are -
Priority of concurrent applications for official searches with priority and concurrent official search certificates with priority
153.
- (1) Where two or more official search certificates with priority relating to the same registrable estate or charge or to the same registered land have been issued and are in operation, the certificates take effect, as far as relates to the priority conferred, in the order of the times at which the applications for official search with priority were entered on the day list, unless the applicants agree otherwise.
(2) Where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants for official search with priority have agreed that their applications have priority so as to give effect to the sequence of the documents effecting the transactions.
Applications lodged at the same time as the priority period expires
154.
- (1) Where an official search with priority has been made in respect of a registered title and an application relating to that title is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that application is to be taken as within that priority period.
(2) Where an official search with priority has been made in respect of a pending application for first registration and a subsequent application relating to a registrable estate which is subject to that pending application for first registration, or was so subject before completion of the registration of that registrable estate, is taken as having been made at the same time as the expiry of the priority period relating to that search, the time of the making of that subsequent application is to be taken as within that priority period.
(3) Subject to paragraph (4), an official search certificate without priority issued under paragraph (2) must include such information specified in Part 3 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.
(4) If an official certificate of search is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 of Schedule 6, as the case may require.
(2) If an application under rule 147(3) has been made by telephone or orally by virtue of rule 132(1) in respect of a legal estate subject to a pending application for first registration, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not there is any relevant entry subsisting on the day list.
(3) If an application under rule 147(3) or rule 155(2) has been made to the land registry computer system from a remote terminal by virtue of rule 132(1), the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by a transmission to the remote terminal, whether or not -
(4) Under this rule the registrar need not provide the applicant with details of any relevant entries.
(2) Subject to paragraph (3), an official search certificate issued under paragraph (1) must include the information specified in Part 5 of Schedule 6.
(3) If an official search certificate is to be, or has been, issued under paragraph (1)(a), another official search certificate issued under rule 132(2) by virtue of paragraph (1)(b) in respect of the same application need only include the information specified at A, E and F of Part 5 of Schedule 6.
Information requested by an applicant for an official search for the purpose of the Family Law Act 1996
160.
If an application has been made under rule 158 the registrar may, at his discretion, during the currency of a relevant notice given under Schedule 2, and in accordance with the limitations contained in that notice, before the official search has been completed, inform the applicant, by any means of communication, whether or not -
Transfer by a personal representative
162.
- (1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by the original grant of probate or letters of administration showing him as the personal representative.
(2) The registrar shall not be under a duty to investigate the reasons a transfer of registered land by a personal representative of a deceased sole proprietor or last surviving joint proprietor is made nor to consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representative is acting correctly and within his powers.
Registration of a personal representative
163.
- (1) An application by a personal representative to become registered as proprietor of a registered estate or registered charge -
must be accompanied by the evidence specified in paragraph (2).
(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is -
(3) An application under paragraph (1)(c) must be accompanied by evidence to satisfy the registrar that the appointment of the personal representative whom the applicant is replacing has been terminated.
(4) When registering a personal representative of a deceased proprietor, the registrar must add the following after the personal representative's name -
(5) Before registering another personal representative as a result of an application made under paragraph (1)(b) the registrar must serve notice upon the personal representative who is registered as proprietor.
Death of joint proprietor
164.
An application for alteration of the register by the removal from the register of the name of a deceased joint proprietor of a registered estate or registered charge must be accompanied by evidence of his death.
(2) The registrar must give notice of the entry of a bankruptcy notice to the proprietor of the registered estate or registered charge to which it relates.
(3) In this rule, "bankruptcy notice" means the notice which the registrar must enter in the register under section 86(2) of the Act.
Bankruptcy restriction
166.
- (1) The bankruptcy restriction in relation to a registered estate must be entered in the proprietorship register and the bankruptcy restriction in relation to a registered charge must be entered in the charges register in the following form -
(2) The registrar must give notice of the entry of a bankruptcy restriction to the proprietor of the registered estate or registered charge to which it relates.
(3) In this rule, "bankruptcy restriction" means the restriction which the registrar must enter in the register under section 86(4) of the Act.
Action of the registrar in relation to bankruptcy entries
167.
- (1) Where the registrar is satisfied that -
he must as soon as practicable cancel any bankruptcy notice or bankruptcy restriction which relates to that bankruptcy order, to that bankruptcy petition or to those proceedings from the register.
(2) Where it appears to the registrar that there is doubt as to whether the debtor or bankrupt is the same person as the proprietor of the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered, he must as soon as practicable take such action as he considers necessary to resolve the doubt.
(3) In this rule -
Registration of trustee in bankruptcy
168.
- (1) Where -
and the bankrupt's or deceased's registered estate or registered charge has vested in the trustee in bankruptcy, the trustee may apply for the alteration of the register by registering himself in place of the bankrupt or deceased proprietor.
(2) The application must be supported by, as appropriate -
(3) The evidence referred to at paragraph (2)(c) is -
(4) In this rule, "insolvency administration order" has the same meaning as in section 385(1) of the Insolvency Act 1986[45].
Trustee in bankruptcy vacating office
169.
- (1) This rule applies where -
(2) The application referred to in paragraph (1)(c) must be supported by the evidence required by rule 168(2)(c).
Description of trustee in register
170.
Where the official receiver or another trustee in bankruptcy is registered as proprietor, the words "Official Receiver and trustee in bankruptcy of [name]" or "Trustee in bankruptcy of [name]" must be added to the register, as appropriate.
(2) The certificate in Form 4 may be given either in the transfer or in a separate document.
(3) In this rule, "Measure" means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.
Entry of Church Commissioners etc as proprietor
175.
- (1) When any registered land is transferred to or (subject only to completion by registration) vested in the Church Commissioners, any ecclesiastical corporation, aggregate or sole, or any other person, by -
the registrar must, on application, register the Church Commissioners, such ecclesiastical corporation or such other person as proprietor.
(2) The application must be accompanied by -
(3) The certificate in Form 5 may be given either in the transfer or in a separate document.
(4) In this rule, "Measure" means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.
(3) Where a registered estate is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees must apply for entry of the appropriate restriction.
(4) In this rule "the appropriate restriction" means a restriction in Form E.
Registration of trustees incorporated under Part VII of the Charities Act 1993
177.
In any registrable disposition in favour of charity trustees incorporated under Part VII of the Charities Act 1993 they must be described as "a body corporate under Part VII of the Charities Act 1993" and the application to register the disposition must be accompanied by the certificate granted by the Charity Commissioners under section 50 of that Act.
Registration of official custodian
178.
- (1) An application to register the official custodian as proprietor of a registered estate or a registered charge must be accompanied by -
(2) Where the estate or charge is vested in the official custodian by virtue of an order under section 18 of the Charities Act 1993, an application to register him as proprietor (whether under Chapter 1 of Part 2 of the Act or following a registrable disposition) must be accompanied by an application for the entry of a restriction in Form F.
(3) Where the official custodian is registered as proprietor of a registered estate or a registered charge, except where the estate or charge is vested in him by virtue of an order under section 18 of the Charities Act 1993, the address of the charity trustees or, where the registered estate or registered charge is held on behalf of a charity which is a corporation, the address of the charity, must be entered in the register as his address for service under rule 198.
Statements to be contained in dispositions in favour of a charity
179.
The statement required by section 37(5) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms -
Statements to be contained in dispositions by a charity
180.
- (1) The statement required by section 37(1) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms -
(2) The statement required by section 39(1) of the Charities Act 1993 must, in a mortgage which is a registrable disposition or to which section 4(1)(g) of the Act applies, be in one of the following forms -
(3) The statement required by section 39(1A)(b) of the Charities Act 1993 must be in the following form -
(b) any additional evidence which the applicant considers necessary to support the claim.
(2) The statutory declaration by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also -
(3) The statutory declaration by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also -
Time limit for reply to a notice of an application
189.
The period for the purpose of paragraph 3(2) of Schedule 6 to the Act is the period ending at 12 noon on the sixty-fifth business day after the date of issue of the notice.
Notice under paragraph 3(2) of Schedule 6 to the Act
190.
- (1) A notice to the registrar under paragraph 3(2) of Schedule 6 to the Act from a person given a registrar's notice must be -
(2) Form NAP must accompany a registrar's notice.
(3) In this rule a "registrar's notice" is a notice given by the registrar under paragraph 2 of Schedule 6 to the Act.
Adverse possession of rentcharges
191.
Schedule 6 to the Act applies to the registration of an adverse possessor of a registered rentcharge in the modified form set out in Schedule 8.
Adverse possession of a rentcharge; non-payment of rent
192.
- (1) This rule applies where -
(2) Where paragraph (1) applies the registrar must -
Prohibition of recovery of rent after adverse possession of a rentcharge
193.
- (1) When -
following an application made under Schedule 6 to the Act, and, if appropriate, closure or cancellation under rule 192, no previous registered proprietor of the rentcharge may recover any rent due under the rentcharge from a person who has been in adverse possession of the rentcharge.
(2) Paragraph (1) applies whether the adverse possession arose either as a result of non-payment of the rent or by receipt of the rent from the person liable to pay it.
Registration as a person entitled to be notified of an application for adverse possession
194.
- (1) Any person who can satisfy the registrar that he has an interest in a registered estate in land or a registered rentcharge which would be prejudiced by the registration of any other person as proprietor of that estate under Schedule 6 to the Act or as proprietor of a registered rentcharge under that Schedule as applied by rule 191 may apply to be registered as a person to be notified under paragraph 2(1)(d) of Schedule 6.
(2) An application under paragraph (1) must be made in Form ADV2.
(3) The registrar must enter the name of the applicant in the proprietorship register as a person entitled to be notified under paragraph 2 of Schedule 6 to the Act.
but excluding any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.
(3) Interest is payable at the applicable rate or rates set for court judgment debts.
(4) Interest is payable in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8 from the date when the claimant pays them to the date of payment.
(5) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.
(2) The statement required by section 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 to be contained in any new lease granted under section 56 of that Act must be in the following form:
(2) Except where otherwise provided by these rules, the time fixed by the notice will be the period ending at 12 noon on the fifteenth business day after the date of issue of the notice.
Address for service of notice
198.
- (1) A person who is (or will as a result of an application be) a person within paragraph (2) must give the registrar an address for service to which all notices and other communications to him by the registrar may be sent, as provided by paragraph (3).
(2) The persons referred to in paragraph (1) are -
(3) A person within paragraph (1) must give the registrar an address for service which is a postal address, whether or not in the United Kingdom.
(4) A person within paragraph (1) may give the registrar one or two additional addresses for service, provided that he may not have more than three addresses for service, and the address or addresses must be -
(5) Subject to paragraphs (3) and (4) a person within paragraph (1) may give the registrar a replacement address for service.
(6) A cautioner who is entered in the register of title in respect of a caution against dealings under section 54 of the Land Registration Act 1925 may give the registrar a replacement or additional address for service provided that -
(7) The box number referred to at paragraph (4)(b) must be at a United Kingdom document exchange to which delivery can be made on behalf of the land registry under arrangements already in existence between the land registry and a service provider at the time the box number details are provided to the registrar under this rule.
(8) In this rule an electronic address means -
(9) If the registrar is satisfied that a form of electronic address, other than an e-mail address, is a suitable form of address for service he may issue a direction to that effect.
(10) A direction under paragraph (9) may contain such conditions or limitations or both as the registrar considers appropriate.
(11) A person within paragraph (2)(d) shall be treated as having complied with any duty imposed on him under paragraph (1) where rule 92(2)(b) has been complied with.
Service of notice
199.
- (1) All notices which the registrar is required to give may be served -
(2) In paragraph (1) references to an address or box number "entered in the register as an address for service" include an address for service given under rule 198(2)(h), whether or not it is entered in the register.
(3) The notice may be served by fax if the recipient has informed the registrar in writing -
(4) Service of a notice which is served in accordance with this rule shall be regarded as having taken place at the time shown in the table below -
Method of service | Time of service |
Post to an address in the United Kingdom | The second working day after posting |
Leaving at a postal address | The working day after it was left |
Post to an address outside the United Kingdom | The seventh working day after posting |
Document exchange | On the second working day after it was left at the registrar's document exchange |
Fax | The working day after transmission |
Electronic transmission to an electronic address | The second working day after transmission |
(2) The registrar may act upon the advice or opinion of an appropriate specialist to whom he has referred a matter under paragraph (1).
(3) In this rule, "appropriate specialist" means a person who the registrar considers has the appropriate knowledge, experience and expertise to advise on the matter referred to him.
(3) The registrar must give notice of the request to the document holder.
(4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).
(5) The notice must give the document holder a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.
(6) The response must -
(7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that -
and he is not aware of any valid ground entitling the document holder to withhold the document.
(8) The registrar may, as a condition of making the requirement, provide that the person who has made the request should pay the reasonable costs incurred in complying with the requirement by the document holder.
(9) In this rule, "document holder" means the person who is alleged to have control of a document which is the subject of a request under paragraph (1).
Costs
202.
- (1) A person who has incurred costs in relation to proceedings before the registrar may request the registrar to make an order requiring a party to those proceedings to pay the whole or part of those costs.
(2) The registrar may only order a party to proceedings before him to pay costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings.
(3) Subject to paragraph (5), a request for the payment of costs must be made by delivering to the registrar a written statement in paper form by 12 noon on the twentieth business day after the completion of the proceedings to which the request relates.
(4) The statement must -
(5) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, a request under this rule may also be made by delivering the written statement to the registrar, by any means of communication, other than as mentioned in paragraph (3).
(6) The registrar must give notice of the request to the party against whom the order is sought at the address provided under paragraph (4)(a) and if that party has an address for service in an individual register that relates to the proceedings, at that address.
(7) An address for a party provided under paragraph (4)(a) is to be regarded for the purpose of rule 199 as if it was an address for service given under rule 198(2)(h).
(8) The notice must give the recipient a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.
(9) The response must -
(10) The registrar must determine the matter on the basis of: the written request and any response submitted to him, all the circumstances including the conduct of the parties, and the result of any enquiries he considers it necessary to make.
(11) The registrar must send to all parties his written reasons for any order he makes under paragraph (1).
(12) An order under paragraph (1) may -
Retention of documents on completion of an application
203.
- (1) Subject to paragraphs (2) to (5), on completion of any application the registrar may retain all or any of the documents that accompanied the application and must return all other such documents to the applicant or as otherwise specified in the application.
(2) When making an application, an applicant or his conveyancer may request the return of all or any of the documents accompanying the application.
(3) Except on an application for first registration, a person making a request under paragraph (2) must deliver with the application certified copies of the documents which are the subject of the request.
(4) On an application for first registration, a person making a request under paragraph (2) for the return of any statutory declaration, subsisting lease, subsisting charge or the latest document of title must deliver with the application certified copies of any such documents as are the subject of the request, but shall not be required to deliver copies of any other documents.
(5) Subject to the delivery of any certified copies required under paragraphs (3) or (4), the registrar must comply with any request made under paragraph (2).
(6) The registrar may destroy any document retained under paragraph (1) if he is satisfied that either -
(7) If the registrar considers that he no longer requires delivery of certified copies of documents, or classes of documents, under this rule he may, in such manner as he thinks appropriate for informing persons who wish to make applications, give notice to that effect and on and after the date specified in such notice -
(8) In paragraph (4) the "latest document of title" means the document vesting the estate sought to be registered in the applicant or where the estate vested in the applicant by operation of law the most recent document that vested the estate in a predecessor of the applicant.
Request for the return of certain documents
204.
- (1) This rule applies to all documents on which any entry in the register of title is or was founded and which are kept by the registrar on the relevant date.
(2) During the period of 5 years beginning with the relevant date any person who delivered a document to the registrar may request the return of that document.
(3) Where at the time of the delivery of the document the person delivering the document was the registered proprietor, or was applying to become the registered proprietor, of any registered estate or registered charge in respect of which the entry referred to in paragraph (1) was made, a person who is at the date of the request the registered proprietor of any part of the same registered estate or registered charge may make a request under paragraph (2) for the document to be returned to him.
(4) Subject to paragraph (5), if, at the date of the request under paragraph (2), the document is kept by the registrar he must return it to the person making the request.
(5) If the registrar receives more than one request under paragraph (2) in respect of the same document, he may either retain the document or, in his discretion, return it to one of the persons making a request.
(6) At the end of the period mentioned in paragraph (2) if there is no outstanding request in relation to the document the registrar may destroy any document if he is satisfied that -
(7) Where a request is made for the return of a document after the end of the period mentioned in paragraph (2), the registrar may treat the request as a request under paragraph (2).
(8) The "relevant date" for the purpose of this rule is the date on which these rules come into force.
Release of documents kept by the registrar
205.
The registrar may release any document retained under rule 203(1) or to which rule 204 applies upon such terms, if any, for its return as he considers appropriate.
(2) Where paragraph (1) applies the registrar may amend the payment of fee panel of the affected form to include provision for payment by direct debit and make any consequential amendments to the form.
(3) Where a form has been amended under paragraph (2) a person not paying by direct debit may use the form as amended or as unamended.
Welsh language forms
208.
- (1) Where the registrar, in exercise of his powers under section 100(4) of the Act, publishes an instrument as the Welsh language version of a scheduled form, the instrument shall be regarded as being in the scheduled form.
(2) In place of the form of execution provided by Schedule 9, an instrument referred to in paragraph (1) may be executed using a form of execution approved by the registrar as the Welsh language version of the Schedule 9 form.
(3) An instrument containing a statement approved by the registrar as the Welsh language version of a statement prescribed by these rules shall be regarded as containing the prescribed statement.
(4) An instrument containing a provision approved by the registrar as the Welsh language version of a provision prescribed by these rules shall be regarded as containing the prescribed provision.
Use of non-prescribed forms
209.
- (1) This rule applies where -
(2) Such a person may make a request to the registrar, either before or at the time of making the application which should be accompanied by the relevant scheduled form, that he be permitted to rely upon the alternative document.
(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b) and include the original, or, if the request is made before the application, a copy, of the alternative document.
(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by allowing the alternative document to be relied upon instead of the relevant scheduled form, he may permit such reliance.
(5) If the registrar allows the request it may be on condition that the person making the request provides other documents or evidence in support of the application.
(6) This rule is without prejudice to any of the registrar's powers under the Act.
Documents in a Schedule 1 form
210.
- (1) Subject to rule 211, any application or document in one of the Schedule 1 forms must -
(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.
(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.
(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.
Electronically produced forms
211.
- (1) Where the method of production of a Schedule 1 form permits -
Documents where no form is prescribed
212.
- (1) Documents for which no form is prescribed must be in such form as the registrar may direct or allow.
(2) A document prepared under this rule must not bear the number of a Schedule 1 form.
(3) A document affecting a registered title must refer to the title number.
(3) This rule does not apply also where the registrar considers that the circumstances are such that the original of a document should be lodged and the applicant has possession, or the right to possession, of that original document.
(4) Where this rule permits a certified or office copy of a document to be lodged the registrar may permit an uncertified copy of the document to be lodged instead.
Documents and other evidence in support of an application
215.
- (1) This rule applies where -
(2) An applicant may request the registrar to be relieved of the requirement.
(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b).
(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by relieving the applicant of the requirement, he may so relieve the applicant.
(5) If the registrar allows the request it may be on condition that the applicant provides other documents or evidence in support of the application.
(6) This rule is without prejudice to any of the registrar's powers under the Act.
(1) Rule | (2) Prescribed period before any notice given under rule 216(2) takes effect | (3) Prescribed period after any notice given under rule 216(2) takes effect |
16(1) | Twenty business days | twenty-four business days |
31(2) | the twentieth business day | the twenty-fourth business day |
53(1) | the fifteenth business day | the eighteenth business day |
53(1) | the thirtieth business day | the thirty-sixth business day |
53(3) | the thirtieth business day | the thirty-sixth business day |
53(4) | the fifteenth business day | the eighteenth business day |
54(9) | the fourth business day | the fourth business day |
55(4) | fifteen business days | Eighteen business days |
86(3) | the fifteenth business day | the eighteenth business day |
86(3) | the thirtieth business day | the thirty-sixth business day |
86(5) | the thirtieth business day | the thirty-sixth business day |
86(6) | the fifteenth business day | the eighteenth business day |
92(9) | the fifteenth business day | the eighteenth business day |
119(3) | the twentieth business day | the twenty-fourth business day |
189 | the sixty-fifth business day | the seventy-eighth business day |
197(2) | the fifteenth business day | the eighteenth business day |
201(5) | the twentieth business day | the twenty-fourth business day |
202(3) | the twentieth business day | the twenty-fourth business day |
202(8) | the twentieth business day | the twenty-fourth business day |
218 | the fifteenth business day | the eighteenth business day |
and a reference to a person's conveyancer is a reference to a solicitor, licensed conveyancer or fellow of the Institute of Legal Executives who is acting on that person's behalf,
(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.
(3) A reference in these rules to Forms A to Y and Forms AA to HH (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.
Consent under a caution
219.
Any consent given under section 55 or 56 of the 1925 Act must be in writing signed by the person giving it or his conveyancer.
Notice under section 55(1) of the 1925 Act and under rule 223(3)
220.
- (1) Rule 199 applies to the method of service of a notice under section 55(1) of the 1925 Act and under rule 223(3).
(2) The notice period applies to a notice served under section 55(1) of the 1925 Act and to one served under rule 223(3).
Cautioner showing cause
221.
- (1) This rule applies where notice is served under section 55(1) of the 1925 Act or rule 223(3).
(2) At any time before expiry of the notice period, the cautioner may show cause why the registrar should not give effect to the application that resulted in the notice being served.
(3) To show cause, the cautioner must -
(4) If, after reading the written statement, and after making any enquiries he thinks necessary, the registrar is satisfied that cause has been shown, he must order that the caution is to continue until withdrawn or otherwise disposed of under these rules or the Act.
(5) Where the registrar makes an order under paragraph (4) -
(6) If after service of the notice under section 55(1) of the 1925 Act or rule 223(3) the application that resulted in the notice being served is cancelled, withdrawn or otherwise does not proceed, the registrar must make an order that the caution will continue to have effect, unless he has already done so or the caution has been cancelled.
Withdrawal of a caution by the cautioner
222.
- (1) The cautioner may at any time apply to withdraw his caution in Form WCT.
(2) The form must be signed by the cautioner or his conveyancer.
Cancellation of a caution - application by the proprietor etc
223.
- (1) A person may apply to the registrar for the cancellation of a caution if he is -
(2) An application for the cancellation of a caution must be in Form CCD.
(3) Where application is made under this rule, the registrar must give the cautioner notice of the application.
(4) Following the expiry of the notice period, unless the registrar makes an order under rule 221(4), the registrar must cancel the entry of the caution.
Signed by authority of the Lord Chancellor
Scotland of Asthal
QC
Parliamentary Secretary, Lord Chancellor's Department
19 May 2003
3.
Subject to paragraphs 4, 5 and 6, a notice given under paragraph 1 will be current from the time specified in the notice until the time, if any, specified in the notice or if no expiry date is specified in the notice, indefinitely.
4.
A notice given under paragraph 1 may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
5.
If and so long as owing the breakdown or other unavailability of facilities or data involved in giving effect to the arrangements made for dealing with applications covered by a notice given under paragraph 1, such arrangements cease, in whole or in part, to be effective, the notice shall cease, to the necessary extent, to be treated as current.
6.
Paragraph 5 will apply despite the absence of a variation, suspension or withdrawal of the notice under paragraph 4.
7.
The provisions referred to in paragraph 2 will not prevent the registrar, at his discretion, from refusing to accept an application or request made, or to issue a result, under any of those provisions in an individual case.
Column 1 | Column 2 |
Status of applicant | Certificate in Form CIT |
An Administrator appointed for the purposes of the Insolvency Act 1986[71] | Certificate K |
An Administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987[72] | Certificate J |
A Chief Officer of Police or a police officer authorised to apply on behalf of | Certificate A |
a Chief Officer |
Certificate B Certificate C Certificate D Certificate E Certificate G |
A person commissioned by the Commissioners of Customs and Excise |
Certificate C Certificate D Certificate E Certificate H |
A person authorised to apply by the Commissioners of Inland Revenue | Certificate E |
A person authorised to apply by the Commissioners of Inland Revenue and having the consent of a General or Special Commissioner to make the application | Certificate L |
A constable | Certificate H |
The Director of the Assets Recovery Agency or a member of the Assets | Certificate H |
Recovery Agency authorised to apply on behalf of the Director |
Certificate I Certificate M |
The Director of Public Prosecutions or a member of the Crown | Certificate A |
Prosecution Service authorised to apply on behalf of the Director |
Certificate B Certificate C Certificate D Certificate E |
The Director of the Serious Fraud Office or a member of the Serious Fraud | Certificate A |
Office authorised to apply on behalf of the Director |
Certificate B Certificate E |
The Director-General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director-General | Certificate F |
A Liquidator appointed for the purposes of the Insolvency Act 1986 | Certificate K |
The Lord Advocate or a person conducting a prosecution in Scotland on | Certificate C |
behalf of the Lord Advocate | Certificate D |
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland | Certificate K |
An Official Receiver for the purposes of the Insolvency Act 1986 | Certificate K |
A Receiver appointed under the Criminal Justice Act 1988[73], the Drug Trafficking Act 1994[74] or the Proceeds of Crime Act 2002[75] | Certificate J |
The Scottish Ministers or a person named by them | Certificate I |
A person authorised by the Secretary of State for the Department of Trade and Industry |
Certificate A Certificate B Certificate E |
A person authorised by the Secretary of State for Work and Pensions |
Certificate A Certificate B |
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor's estate in Scotland | Certificate K |
and, if there is such a registered estate or caution, the title number
and the title numbers of any such registered estates and cautions arranged by administrative area
(2) An application for the registration of a transfer of registered land into settlement must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.
(3) When the registrar receives the application he must register the transferee named in the transfer as the proprietor of the registered land and enter the appropriate restriction in the register.
Registered land brought into settlement
5.
Where registered land has been settled and the existing registered proprietor is the tenant for life under the settlement, the registered proprietor must -
Registered land bought with capital money
6.
(1) Where registered land is acquired with capital money the transfer must be in one of the forms prescribed by rule 206 and must include the following provisions, with any necessary alterations and additions -
(2) An application for registration of the transfer must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.
Duty to apply for restrictions when registered land is settled
7.
(1) Where registered land is settled land the proprietor, or (if there is no proprietor) the personal representatives of a deceased proprietor, must apply to the registrar for the entry of such restrictions (in addition to a restriction in Form G, H or I) as may be appropriate to the case.
(2) The application must state that the restrictions applied for are required for the protection of the beneficial interests and powers under the settlement.
(3) Subject to section 43(3) of the Act, the registrar must enter such restrictions without inquiry as to the terms of the settlement.
(4) Nothing in this rule affects the rights and powers of personal representatives for purposes of administration.
Proprietor ceasing in his lifetime to be the tenant for life
8.
Where a registered proprietor ceases in his lifetime to be a tenant for life and has not become absolutely entitled to the registered land -
Tenant for life or statutory owner entitled to have the settled land vested in him
9.
Where a tenant for life or statutory owner who, if the registered land were not registered, would be entitled to have the settled land vested in him, is not the registered proprietor, the registered proprietor must at the cost of the trust estate execute such transfers as may be required for giving effect on the register to the rights of such tenant for life or statutory owner.
Registration of statutory owner during a minority otherwise than on death
10.
(1) If a minor becomes entitled in possession (or will become entitled in possession on attaining full age) to registered land otherwise than on a death, the statutory owner during the minority is entitled to require the settled land to be transferred to him and to be registered as proprietor accordingly.
(2) The transfer to the statutory owner -
(3) An application to register the transfer must be accompanied by an application for entry of a restriction in Form H.
Registration of special personal representatives
11.
(1) Where -
(2) The application must be accompanied by the grant of probate or letters of administration of the deceased proprietor limited to the settled land.
(3) The personal representatives must be registered in place of the deceased proprietor and the following added after his name -
"special executor or executrix (or administrator or administratrix) of [name], deceased.".
Transfer on the death of the tenant for life
12.
(1) Where the settlement continues after the death of the proprietor who was the tenant for life -
(b) The transfer must contain the following provisions with any necessary alterations or additions -
(2) Where the settlement ends on the death of the proprietor, an application to register a transfer by the personal representatives to the person entitled must be accompanied by -
(3) The registrar shall not be under a duty to investigate the reasons any transfer is made by the personal representatives or consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representatives are acting correctly and within their powers.
Minority where settlement arises under a will or intestacy
13.
(1) Where a settlement is created or arises under the will or intestacy of a person who died before 1st January 1997 -
(2) The application for the restriction in form H must be made by the personal representatives.
(3) On an application by the personal representatives under sub-paragraph (2), the registrar shall be under no duty to consider or call for any information concerning -
and whether he has notice of those matters or not, he must assume that the personal representatives are acting according to the directions given and that the directions were given by the statutory owner and were correct.
(4) A disponee dealing with the personal representatives who complies with the restriction entered under sub-paragraph (2) is not concerned to see or enquire whether any directions have been given by the statutory owner with regard to the disposition to him.
(5) Where under subsection (3) of section 19 of the Settled Land Act 1925 there is a tenant for life of full age, he shall be entitled to be registered as proprietor during any minority referred to in that subsection, but subject to the restrictions in Forms G or I, as appropriate.
(6) Nothing in this paragraph shall affect the right of a statutory owner to be registered as proprietor.
Discharge of registered land from beneficial interests and powers under a settlement
14.
Where the trustees of a settlement desire to discharge registered land from the beneficial interests and powers under the settlement they may do so by any document sufficient to discharge it.
Discharge from liability in respect of beneficial interests and powers under a settlement
15.
Where a proprietor or the personal representatives of a deceased proprietor has or have, in good faith, complied with the requirements of this Schedule in executing a transfer of settled land or discharge of trustees and in applying for the appropriate restrictions that may be required for the protection of the beneficial interests and powers under a settlement -
Interpretation
16.
(1) In this Schedule -
(2) References in this Schedule to the "tenant for life" shall, where the context admits, be read as referring to the tenant for life, statutory owner, or personal representatives who is or are entitled to be registered.
(3) Nothing in this Schedule modifies the provisions of section 2 of the Trusts of Land and Appointment of Trustees Act 1996[79] concerning settlements in relation to their application to registered land (as defined in section 89(3) of the Act).
(3) For the purposes of sub-paragraph (1), the registered rentcharge need not have been registered throughout the period of adverse possession.
Notification of application
2.
(1) The registrar must give notice of an application under paragraph 1 to -
(2) Notice under this paragraph shall include notice of the effect of paragraph 4.
Treatment of application
3.
(1) A person given notice under paragraph 2 may require that the application to which the notice relates be dealt with under paragraph 5.
(2)
The right under this paragraph is exercisable by notice to the registrar given before the end of such period as rules may provide.
4.
If an application under paragraph 1 is not required to be dealt with under paragraph 5, the applicant is entitled to be entered in the register as the new proprietor of the registered rentcharge.
5.
(1) If an application under paragraph 1 is required to be dealt with under this paragraph, the applicant is only entitled to be registered as the new proprietor of the registered rentcharge if either of the following conditions is met.
(2) The first condition is that -
(3) The second condition is that the applicant is for some other reason entitled to be registered as the proprietor of the registered rentcharge.
Right to make further application for registration
6.
(1) Where a person's application under paragraph 1 is rejected, he may make a further application to be registered as the proprietor of the registered rentcharge if he is in adverse possession of the registered rentcharge from the date of the application until the last day of the period of two years beginning with the date of its rejection.
7.
If a person makes an application under paragraph 6, he is entitled to be entered in the register as the new proprietor of the registered rentcharge.
Restriction on applications
8.
(1) No one may apply under this Schedule to be registered as the proprietor of a registered rentcharge during, or before the end of twelve months after the end of, any period in which the existing registered proprietor is for the purposes of the Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16) -
(2) No-one may apply under this Schedule to be registered as the proprietor of a registered rentcharge during any period in which the existing registered proprietor is -
(3) For the purposes of sub-paragraph (2), mental disability means a disability or disorder of the mind or brain, whether permanent or temporary, which results in an impairment or disturbance of mental functioning.
(4) Where it appears to the registrar that sub-paragraph (1) or (2) applies in relation to a registered rentcharge, he may include a note to that effect in the register.
Effect of registration
9.
(1) Where a person is registered as the proprietor of a registered rentcharge in pursuance of an application under this Schedule, the title by virtue of adverse possession which he had at the time of the application is extinguished.
(2) Subject to sub-paragraph (3), the registration of a person under this Schedule as the proprietor of a registered rentcharge does not affect the priority of any interest affecting the registered rentcharge.
(3) Subject to sub-paragraph (4), where a person is registered under this Schedule as the proprietor of a registered rentcharge, the registered rentcharge is vested in him free of any registered charge affecting the registered rentcharge immediately before his registration.
(4) Sub-paragraph (3) does not apply where registration as proprietor is in pursuance of an application determined by reference to whether either of the conditions in paragraph 5 applies.
Apportionment and discharge of charges
10.
(1) Where -
the proprietor of the registered rentcharge may require the chargee to apportion the amount secured by the charge at that time between the registered rentcharge and the other property on the basis of their respective values.
(3) On a discharge under this paragraph, the liability of the chargor to the chargee is reduced by the amount apportioned to the registered rentcharge.
(4) Rules may make provision about apportionment under this paragraph, in particular, provision about -
Meaning of "adverse possession"
11.
(1) A person is in adverse possession of a registered rentcharge for the purposes of this Schedule if, but for section 96, a period of limitation under section 15 of the Limitation Act 1980 (c. 58) would run in his favour in relation to the registered rentcharge.
(2) A person is also to be regarded for those purposes as having been in adverse possession of a registered rentcharge -
(3) In determining whether for the purposes of this paragraph a period of limitation would run under section 15 of the Limitation Act 1980, there are to be disregarded -
Trusts
12.
A person is not to be regarded as being in adverse possession of a registered rentcharge for the purposes of this Schedule at any time when the registered rentcharge is subject to a trust, unless the interest of each of the beneficiaries in the registered rentcharge is an interest in possession.
[32] S.I. 1986/1032 (N.I. 6).back
[36] 1960 c. 22 (N.I.), 1963 c. 25 (N.I.), S.I. 1978/1042, (N.I. 12/78), S.I. 1981/838 (N.I. 19/81), S.I. 1982/1534 (N.I. 17/82), S.I. 1983/1119 (N.I. 12/83).back
[46] OJ No. L160, 30.6.00. p. 1.back
© Crown copyright 2003 | Prepared 29 July 2003 |