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The Land Registration Rules 2003

Type Statutory-Instrument

Publication 2003-05-19

Last updated 2024-03-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 19th May 2003

Laid before Parliament: 5th June 2003

Coming into force in accordance with rule 1

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 2002 , in exercise of the powers conferred on him by sections 1(2), 6(6), 13(a), (b), 14(a), (b), 16(2), 18(1)(b), (2), (4), 19(2), 20(3)(a), (b), (c), 21(2)(a), (b), (c), (d), 22, 25(1), 27(6), 34(2), 35(3), 36(3), (4), 37(2), 39, 43(2)(a), (b), (c), (d), 44(2), 45(2), 46(4), 47(a), (b), 48(2)(a), (b), 49(2), (3)(b), (4)(b), 50, 57, 60(3), (4), 61(2), 64(2), 66(2), 67(3), 68(1)(d), (2)(a), (b), 69(2), 70, 71(a), (b), 72(6)(a), (b), 73(2), (3), (4), 75(2), 76(2), 81(2), 82, 86(3), 87(4), 89, 95(a) and 98(7) of, and paragraphs 2(2) and 7(3) of Schedule 2, paragraphs 4(a), (b), (c), and 7(a), (b), (c), (d) of Schedule 4, paragraphs 2(1)(d), 3(2), 14, and 15 of Schedule 6, paragraph 9 of Schedule 8, paragraphs 1(1)(a), (b), 3(a), (b), (c), 5, 6(a), (b), (c), (d), (e), 7, and 8 of Schedule 10, and paragraphs 2(4) and 18(5) of Schedule 12 to, the Land Registration Act 2002, sections 37(7) and 39(1) and (1A) of the Charities Act 1993 , sections 34(10) and 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 , paragraph 4(4) of Schedule 4 to the Family Law Act 1996 , and of all other powers enabling him in that behalf, hereby makes the following rules:

PRELIMINARY

Citation and commencement

1

These rules may be cited as the Land Registration Rules 2003 and shall come into force on the day that section 1 of the Act comes into force.

PART 1 — THE REGISTER OF TITLE

Form and arrangement of the register of title

2

(1) The register of title may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—

(a) an estate in land, or

(b) a rentcharge, franchise, manor or profit a prendre in gross,

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—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title, or

(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—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title.

(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—

(a) must notify the proprietor of the registered estate and any registered charge, unless they have agreed to such action, and

(b) may make a new edition of any individual register or make entries on any individual register to reflect the division or amalgamation.

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—

(a) a description of the registered estate which in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the title plan;

(b) where appropriate, details of—

(i) the inclusion or exclusion of mines and minerals in or from the registration under rule 32,

(ii) easements, rights, privileges, conditions and covenants benefiting the registered estate and other similar matters,

(iii) all exceptions arising on enfranchisement of formerly copyhold land, and

(iv) any other matter required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the property register, and

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—

(a) the class of title,

(b) the name of the proprietor of the registered estate including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000[^f00005], its registered number,

(d) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to the registered estate,

(e) notices under section 86(2) of the Act in relation to the registered estate,

(f) positive covenants by a transferor or transferee and indemnity convenants by a transferee entered under rules 64 or 65,

(g) details of any modification of the covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act entered under rule 66,

(h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 1994[^f00006] entered under rule 67(6),

(i) where the class of title is possessory, the name of the first proprietor of the registered estate and, where that proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number, and

(j) such other matters as are required to be entered in the proprietorship register by these rules.

(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—

(a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration of the estate or created thereafter,

(b) any dealings with the interests referred to in paragraph (a), or affecting their priority, which are capable of being noted on the register,

(d) the name of the proprietor of any registered charge including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number,

(e) an address for service of the proprietor of any registered charge in accordance with rule 198,

(f) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to a registered charge,

(g) notices under section 86(2) of the Act in relation to a registered charge, and

(h) such other matters affecting the registered estate or any registered charge as are required to be entered in the charges register by these rules.

PART 2 — INDICES

Index to be kept under section 68 of the Act

10

(1) The index to be kept under section 68 of the Act must comprise—

(a) an index map from which it is possible to ascertain, in relation to a parcel of land, whether there is—

(i) a pending application for first registration (other than of title to a relating franchise),

(ii) a pending application for a caution against first registration (other than where the subject of the caution is a relating franchise),

(iii) a registered estate in land,

(iv) a registered rentcharge,

(v) a registered profit a prendre in gross,

(vi) a registered affecting franchise, or

(vii) a caution against first registration (other than where the subject of the caution is a relating franchise),

and, if there is such a registered estate or caution, the title number, and

(b) an index of verbal descriptions of—

(i) pending applications for first registration of title to relating franchises,

(ii) pending applications for cautions against first registration where the subject of the caution is a relating franchise,

(iii) registered franchises which are relating franchises,

(iv) registered manors, and

(v) cautions against first registration where the subject of the caution is a relating franchise,

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.

PART 3 — APPLICATIONS: GENERAL PROVISIONS

Form AP1

13

(1) Any application made under the Act or these rules for which no other application form is prescribed must be made in Form AP1.

(2) Paragraph (1) does not apply to—

(a) an application to remove from the register the name of a deceased joint registered proprietor,

(b) applications made under rule 14, or

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—

(a) the time of the day that notice of it is entered in the day list, or

(i) midnight marking the end of the day it was received if the application was received before 12 noon, or

(ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

(2) An application received on a day which is not a business day is to be taken as made at the earlier of—

(a) the time of a business day that notice of it is entered in the day list, or

(b) midnight marking the end of the next business day after the day it was received.

(3) In this rule an application is received when it is delivered—

(a) to the designated proper office in accordance with an order under section 100(3) of the Act, or

(b) to the registrar in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or

(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—

(a) state that the objector objects to the application,

(b) state the grounds for the objection, and

(3) Subject to paragraph (5), the written statement referred to in paragraph (1) must be delivered—

(a) in paper form, or

(b) to the electronic address, or

(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.

PART 4 — FIRST REGISTRATION

First registration—application by mortgagee

21

A mortgagee under a mortgage falling within section 4(1)(g) of the Act may make an application in the name of the mortgagor for the estate charged by the mortgage to be registered whether or not the mortgagor consents.

Registration of a proprietor of a charge falling within section 4(1)(g) of the Act

22

(1) This rule applies to an application for first registration made—

(a) under rule 21, or

(b) by the owner of an estate that is subject to a legal charge falling within section 4(1)(g) 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—

(a) sufficient details, by plan or otherwise (subject to rules 25 and 26), so that the land can be identified clearly on the Ordnance Survey map,

(b) in the case of a leasehold estate, the lease, if in the control of the applicant, and a certified copy,

(d) a list in duplicate in Form DL of all the documents delivered.

(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—

(a) a plan of the surface under which the mines and minerals lie,

(b) any other sufficient details by plan or otherwise so that the mines and minerals can be identified clearly, and

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—

(a) to satisfy the registrar that the applicant is entitled to apply under section 3(2) of the Act or required to apply under section 6(1) of the Act, and

(b) where appropriate, to account for the absence of documentary evidence of title.

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—

(a) are within the actual knowledge of the applicant, and

(b) affect the estate to which the application relates,

in Form DI.

(2) The applicant is not required to provide information about—

(a) an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b) an interest that is apparent from the deeds and documents of title accompanying the application under rule 24,

(d) a local land charge,

(e) a leasehold estate in land if—

(i) it is within paragraph 1 of Schedule 1 to the Act, and

(ii) at the time of the application, the term granted by the lease has one year or less to run.

(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—

(a) make searches and enquiries and give notices to other persons,

(b) direct that searches and enquiries be made by the applicant,

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—

(a) the Crown Estate Commissioners in every case,

(b) the Chancellor of the Duchy of Lancaster in the case of land in the county palatine of Lancaster,

(c) the appropriate person in the case of land in the counties of Devon and Cornwall and in the Isles of Scilly and in the case of land within the jurisdiction of the Port of London Authority, and

(d) the Port of London Authority in the case of land within its jurisdiction.

(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—

“the appropriate person” means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,

“foreshore” has the meaning given by paragraph 13(3) of Schedule 6 to the Act.

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—

(a) on examination of the title, or

(b) on receipt of a written application providing details of the right and evidence of its existence,

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—

(a) which is either—

(i) a charge on the legal estate that is being registered, or

(ii) is a charge on such charge, and

(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—

(a) an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b) a public right,

(d) an interest which appears to the registrar to be of a trivial or obvious character, or the entry of a notice in respect of which would be likely to cause confusion or inconvenience.

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—

(a) at the time of the grant of the lease—

(i) the reversion was not registered, or

(ii) the reversion was registered but the grant of the lease was not required to be completed by registration,

(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.

PART 5 — CAUTIONS AGAINST FIRST REGISTRATION

Definitions

39

In this Part—

“cautioner” has the same meaning as in section 22 of the Act (read with rule 52),

“cautioner’s register” is the register so named in rule 41(2) the contents of which are described in rule 41(5),

“relevant interest” means the interest claimed by the cautioner in the unregistered legal estate to which the caution against first registration relates.

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—

(a) a description of the legal estate to which the caution relates, and

(b) a description of the relevant interest.

(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—

(a) the name of the cautioner including, where the cautioner is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000[^f00007], its registered number,

(b) an address for service in accordance with rule 198, and

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—

(a) the owner of a legal estate derived out of that estate, and

(b) where the land to which the caution relates is demesne land,

(i) Her Majesty, or

(ii) the owner of a legal estate affecting the demesne land,

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—

(a) the relevant interest has come to an end, or

(b) the consent referred to in section 18(2) was induced by fraud, misrepresentation, mistake or undue influence or given under duress.

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—

(a) he has confirmed in writing that he consents to the lodging of the caution, and

(b) that consent is produced to the registrar.

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—

(a) written details of the alteration required and of the grounds on which the application is made, and

(b) any supporting document.

(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.

PART 6 — REGISTERED LAND: APPLICATIONS, DISPOSITIONS AND MISCELLANEOUS ENTRIES

Applications

Outline applications

54

(1) An outline application is an application made in accordance with this rule.

(2) Subject to Schedule 2, any application may be made by outline application if it satisfies the following conditions—

(a) the application must not be—

(i) an application which can be protected by an official search with priority within the meaning of rule 147,

(ii) an application for first registration,

(iii) an application for a caution against first registration or in respect of the cautions register,

(iv) an application dealing with part only of the land in a registered title, whether or not also involving any other registered title,

(v) an application under Part 13, and

(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—

(a) an oral application,

(b) telephone, or

(4) An outline application must contain the following particulars when made—

(a) the title number(s) affected,

(b) if there is only one proprietor or applicant for first registration and that person is an individual, his surname, otherwise the proprietor’s or such applicant’s full name or the full name of one of the proprietors or such applicants, as appropriate,

(d) the name of the applicant,

(e) the name and address of the person or firm lodging the application,

(f) any other particulars specified in any notice made under Schedule 2.

(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—

(a) are within the actual knowledge of the applicant, and

(b) affect the estate to which the application relates,

in Form DI.

(2) The applicant is not required to provide information about—

(a) an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b) a public right,

(d) a leasehold estate in land if—

(i) it is within paragraph 1 of Schedule 3 to the Act, and

(ii) at the time of the application, the term granted by the lease has one year or less to run.

(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.

Registrable dispositions—Form

Form of transfer of registered estates

58

A transfer of a registered estate must be in Form TP1, TP2, TP3, TR1, TR2, TR5, AS1 or AS3, as appropriate.

Transfers by way of exchange

59

(1) Where any registered estate is transferred wholly or partly in consideration of a transfer of another estate, the transaction must be effected by a transfer in one of the forms prescribed by rule 58.

(2) A receipt for the equality money (if any) must be given in the receipt panel and the following provision must be included in the additional provisions panel—

This transfer is in consideration of a transfer (or conveyance, or as appropriate,) of (brief description of property exchanged) dated today [if applicable, and of the sum stated above paid for equality of exchange].

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—

Liability for the payment of [if applicable the previously apportioned rent of (amount) being part of] the rent reserved by the registered lease is apportioned between the Transferor and the Transferee as follows—

(amount) shall be payable out of the Property and the balance shall be payable out of the land remaining in title number (title number of retained land) or

the whole of that rent shall be payable out of the Property and none of it shall be payable out of the land remaining in title number (title number of retained land) or

the whole of that rent shall be payable out of the land remaining in title number (title number of retained land) and none of it shall be payable out of the Property

(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—

(a) the reference in paragraph 20(4)(a) to the rent apportioned to the part retained were to the entire rent, and

(b) the covenants in paragraphs 20(4)(b) and (c) extended to a covenant to pay the entire rent.

(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—

(a) the reference in paragraph 20(3)(a) to the rent apportioned to the part transferred were to the entire rent, and

(b) the covenants in paragraphs 20(3)(b) and (c) extended to a covenant to pay the entire rent.

Execution by an attorney

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—

(a) the instrument creating the power, or

(b) a copy of the power by means of which its contents may be proved under section 3 of the Powers of Attorney Act 1971[^f00008], or

(c) a document which under section 4 of the Evidence and Powers of Attorney Act 1940[^f00009] or section 7(3) of the Enduring Powers of Attorney Act 1985[^f00010] is sufficient evidence of the contents of the power, or

(d) a certificate by a conveyancer in Form 1.

(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[^f00011] is delivered to the registrar, the registrar may require the production of evidence to satisfy him that the person who dealt with the attorney—

(a) did so in good faith, and

(b) had no knowledge at the time of the completion of the transaction that the attorney was not a person to whom the functions of the trustees in relation to the land to which the application relates could be delegated under that section.

(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.

Covenants

Positive covenants

64

(1) The registrar may make an appropriate entry in the proprietorship register of any positive covenant that relates to a registered estate given by the proprietor or any previous proprietor of that estate.

(2) Any entry made under paragraph (1) must, where practicable, refer to the instrument that contains the covenant.

(3) If it appears to the registrar that a covenant referred to in an entry made under paragraph (1) does not bind the current proprietor of the registered estate, he must remove the entry.

Indemnity covenants

65

(1) The registrar may make an appropriate entry in the proprietorship register of an indemnity covenant given by the proprietor of a registered estate in respect of any restrictive covenant or other matter that affects that estate or in respect of a positive covenant that relates to that estate.

(2) Any entry made under paragraph (1) must, where practicable, refer to the instrument that contains the indemnity covenant.

(3) If it appears to the registrar that a covenant referred to in an entry made under paragraph (1) does not bind the current proprietor of the registered estate, he must remove the entry.

Modification of implied covenants in transfer of land held under an old tenancy

66

Where a transfer of a registered leasehold estate which is an old tenancy modifies or negatives any covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act, an entry that the covenants have been so modified or negatived must be made in the register.

Covenants implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 and under the Law of Property Act 1925

67

(1) Subject to paragraph (2), a registrable disposition may be expressed to be made either with full title guarantee or with limited title guarantee and, in the case of a disposition which is effected by an instrument in the Welsh language, the appropriate Welsh expression specified in section 8(4) of the 1994 Act may be used.

(2) In the case of a registrable disposition to which section 76 of the LPA 1925 applies by virtue of section 11(1) of the 1994 Act—

(a) a person may be expressed to execute, transfer or charge as beneficial owner, settlor, trustee, mortgagee, or personal representative of a deceased person or under an order of the court, and the document effecting the disposition may be framed accordingly, and

(b) any covenant implied by virtue of section 76 of the LPA 1925 in such a disposition will take effect as though the disposition was expressly made subject to—

(i) all charges and other interests that are registered at the time of the execution of the disposition and affect the title of the covenantor,

(ii) any of the matters falling within Schedule 3 to the Act of which the purchaser has notice and subject to which it would have taken effect, had the land been unregistered.

(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[^f00012] and “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994[^f00013].

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—

(a) “The covenant set out in section (number) of the Law of Property (Miscellaneous Provisions) Act 1994 shall [not] extend to ”, or

(b) “The [transferor or lessor] shall not be liable under any of the covenants set out in section (number) of the Law of Property (Miscellaneous Provisions) Act 1994”.

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—

(a) any reference to the balance of the rent were to the entire rent, and

(b) the words “, other than the covenant to pay the entire rent,” were omitted.

(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—

(a) any reference to the apportioned rent were to the entire rent, and

(b) the words “(other than the covenant to pay the entire rent)” were omitted.

(4) On a transfer of a registered estate subject to a rentcharge—

(a) any covenant implied by section 77(1)(A) or (B) of the LPA 1925 may be modified or negatived, and

(b) any covenant included in the transfer may be modified,

by adding suitable words to the transfer.

(5) In this rule “the LPA 1925” means the Law of Property Act 1925.

Mines or minerals

Description of land where mines or minerals situated

70

(1) This rule applies where—

(a) a registered estate in land includes any mines or minerals but there is no note in the register that the title to the registered estate includes the mines or minerals, and

(b) it is appropriate (for instance, because of a registrable disposition of part of the registered estate, or on a sub-division or amalgamation of a registered title) when describing the registered estate to do so by reference to the land where the mines or minerals are or may be situated.

(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.

Miscellaneous entries

Register entries arising from transfers and charges of part

72

(1) Subject to paragraphs (3) and (4), on a transfer or charge of part of the registered estate in a registered title the following entries must be made in the individual register of that registered title—

(a) an entry in the property register referring to the removal of the estate comprised in the transfer or charge, and

(b) entries relating to any rights, covenants, provisions, and other matters created by the transfer or charge which the registrar considers affect the retained or uncharged registered estate.

(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[^f00014].

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.

PART 7 — NOTICES

Certain interests to be protected by agreed notices

80

A person who applies for the entry of a notice in the register must apply for the entry of an agreed notice where the application is for—

(a) a matrimonial home rights notice,

(b) an inheritance tax notice,

(d) a notice of any variation of a lease effected by or under an order under section 38 of the Landlord and Tenant Act 1987[^f00016] (including any variation as modified by an order under section 39(4) of that Act),

(e) a notice in respect of a—

(i) public right, or

(ii) customary right.

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—

(a) made in Form AN1,

(b) accompanied by the order or instrument (if any) giving rise to the interest claimed or, if there is no such order or instrument, such other details of the interest claimed as satisfy the registrar as to the nature of the applicant’s claim, and

(i) the consent referred to in section 34(3)(b) of the Act, and, where appropriate, evidence to satisfy the registrar that the person applying for, or consenting to the entry of, the notice is entitled to be registered as the proprietor of the registered estate or charge affected by the interest to which the application relates, or

(ii) evidence to satisfy the registrar as to the validity of the applicant’s claim.

(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[^f00017] 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—

(a) an office copy of the section 33(5) order, or

(b) a conveyancer’s certificate that he holds an office copy of the section 33(5) order.

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—

(a) evidence to satisfy the registrar of the applicant’s entitlement to be registered as the proprietor of the estate or charge to which the unilateral notice the subject of the application relates, or

(b) a conveyancer’s certificate that the conveyancer is satisfied that the applicant is entitled to be registered as the proprietor of the estate or charge to which the unilateral notice the subject of the application relates.

(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 ... 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—

(a) in Form UN3, and

(b) accompanied by evidence to satisfy the registrar of the applicant’s title to the interest protected by the unilateral notice.

(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—

(a) in the applicant, the registrar must enter the applicant in the register in place of the registered beneficiary, or

(b) in the applicant and the registered beneficiary, the registrar must enter the applicant in addition to the registered beneficiary.

(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—

(a) the registered beneficiary signs Form UN3 or otherwise consents to the application, or

(b) the applicant is the registered beneficiary’s personal representative and evidence of his title to act accompanies the application.

(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—

(a) subject to paragraph (2), to the registered proprietor, and

(b) subject to paragraph (3), to any person who appears to the registrar to be entitled to the interest protected by the notice or whom the registrar otherwise considers appropriate.

(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—

(a) that person applied for the entry of the notice or consented to the entry of the notice, or

(b) 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.

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—

(a) paragraph 5(2) of Part 1 of Schedule 2 to the Act, or

(b) paragraph 7(2)(a) of that Part, where the interest is created for the benefit of an unregistered estate,

must be made in Form AP1.

PART 8 — RESTRICTIONS

Standard forms of restriction

91

(1) The forms of restriction set out in Schedule 4 are standard forms of restriction prescribed under section 43(2)(d) of the Act.

(2) The word “conveyancer”, where it appears in any of the standard forms of restriction, has the same meaning as in these rules.

(3) The word “registered”, where it appears in any of the standard forms of restriction in relation to a disposition, means completion of the registration of that disposition by meeting the relevant registration requirements under section 27 of the Act.

Application for a restriction and the prescribed period under section 45(2) of the Act

92

(1) Subject to paragraphs (5), (6), (7) and (8) an application for a restriction to be entered in the register must be made in Form RX1.

(2) The application must be accompanied by—

(a) full details of the required restriction,

(b) if the restriction—

(i) requires notice to be given to a person,

(ii) requires a person’s consent or certificate, or

(iii) is a standard form of restriction that refers to a named person,

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—

(a) give details of the applicant’s interest in the making of the entry of the required restriction, or

(b) if the interest is one of those specified in rule 93, state which of them.

(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—

(a) the conveyancer holds the originals of the documents that contain evidence of that person’s entitlement, or

(b) an application for registration of that person as proprietor is pending at the land registry.

(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—

(a) a person applies for the entry of a standard form of restriction in the additional provisions panel of Form TP1, TP2, TP3, TR1, TR2, TR3, TR4, TR5, AS1, AS2 or AS3,

(b) a person applies for the entry of a standard form of restriction in panel 7 of Form CH1, or

(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—

(a) any person who has an interest in a registered estate held under a trust of land where a sole proprietor or a survivor of joint proprietors (unless a trust corporation) will not be able to give a valid receipt for capital money, and who is applying for a restriction in Form A to be entered in the register of that registered estate,

(b) any person who has a sufficient interest in preventing a contravention of section 6(6) or section 6(8) of the Trusts of Land and Appointment of Trustees Act 1996[^f00018] and who is applying for a restriction in order to prevent such a contravention,

(c) any person who has an interest in a registered estate held under 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, and who is applying for a restriction in Form B to be entered in the register of that registered estate,

(d) any person who has an interest in the due administration of the estate of a deceased person, where—

(i) the personal representatives of the deceased hold a registered estate on a trust of land created by the deceased’s will and the personal representatives' powers are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996, and

(ii) he is applying for a restriction in Form C to be entered in the register of that registered estate,

(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—

(i) to give effect to any arrangement which is made under any enactment or Measure administered by or relating to the Church Commissioners, the Parsonages Board or the Diocesan Board of Finance, or

(ii) to protect any interest in registered land arising under any such arrangement or statute,

(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—

(i) paragraph 5(1) or 5(2) of Schedule 4 to the Terrorism Act 2000[^f00019], or

(ii) section 41 of the Proceeds of Crime Act 2002[^f00020],

and who is applying for a restriction in Form EE or FF,

(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[^f00021] and who is applying for a restriction in Form L or N,

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