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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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(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 1996¹⁸ 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 2000¹⁹, or

(ii) section 41 of the Proceeds of Crime Act 2002²⁰,

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 1987²¹ 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 1993²² 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—

(i) in Form AA or BB to give effect to a freezing order under Schedule 6 to the International Criminal Court Act 2001²³, or

(ii) in Form CC or DD to protect an application for such a freezing order,

(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—

(a) the estate becomes subject to a trust of land, other than on a registrable disposition, and the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money, or

(b) the estate is held on a trust of land and, as a result of a change in the trusts, the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money.

(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 1996²⁴, 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—

(a) a declaration of trust of that estate imposes limitations on the powers of the trustees under section 8 of the Trusts of Land and Appointment of Trustees Act 1996, or

(b) a change in the trusts on which that estate is held imposes limitations or changes the limitations on the powers of the trustees under section 8 of the Trusts of Land and Appointment of Trustees Act 1996.

(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—

(a) as specified in these rules,

(b) as required by the relevant enactment, or

(2) The form of the restriction required under—

(a) section 44(1) of the Act is Form A,

(b) section 37(5A) of the Housing Act 1985²⁵ is Form U,

(d) section 81(10) of the Housing Act 1988²⁶ is Form X,

(e) section 133 of the Housing Act 1988 is Form X,

(f) paragraph 4 of Schedule 9A to the Housing Act 1985 is Form W,

(g) section 173(9) of the Local Government and Housing Act 1989²⁷ is Form X, and

(h) section 13(5) of the Housing Act 1996²⁸ is Form Y.

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—

(a) state whether the application is to disapply or to modify the restriction and, if the latter, give details of the modification requested,

(b) explain why the applicant has a sufficient interest in the restriction to make the application,

(d) state why the applicant considers that the registrar should make the order.

(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—

(a) that is entered under section 42(1)(a) of the Act and reflects some limitation on the registered proprietor’s powers of disposition imposed by statute or the general law,

(b) that is entered in the register following an application under rule 94,

(d) that reflects a limitation under an order of the court or registrar, or an undertaking given in place of such an order,

(e) that is entered pursuant to a court order under section 46 of the Act.

(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.

PART 9 — CHARGES

How ranking of registered charges as between themselves to be shown on register

101

Subject to any entry in the individual register to the contrary, for the purpose of section 48(1) of the Act the order in which registered charges are entered in an individual register shows the order in which the registered charges rank as between themselves.

Alteration of priority of registered charges

102

(1) An application to alter the priority of registered charges, as between themselves, must be made by or with the consent of the proprietor or a person entitled to be registered as the proprietor of any registered charge whose priority is adversely affected by the alteration, but no such consent is required from a person who has executed the instrument which alters the priority of the charges.

(2) The registrar may accept a conveyancer’s certificate confirming that the conveyancer holds any necessary consents.

(3) The registrar must make an entry in the register in such terms as the registrar considers appropriate to give effect to the application.

Form of charge of registered estate

103

A legal charge of a registered estate may be made in Form CH1.

Application for registration of the title to a local land charge

104

An application to register the title to a charge over registered land which is a local land charge must be supported by evidence of the charge.

Overriding statutory charges

105

(1) An applicant for registration of a statutory charge that has the effect mentioned in section 50 of the Act must lodge Form SC with the application.

(2) If the applicant satisfies the registrar that the statutory charge has the priority specified in that Form SC, the registrar must make an entry showing that priority in the charges register of the affected registered title.

(3) If the applicant does not satisfy the registrar as mentioned in paragraph (2) but the registrar considers that the applicant has an arguable case, the registrar may make an entry in the charges register of the affected registered title that the applicant claims the priority specified in that Form SC.

(4) If the registrar makes an entry under paragraph (3) the registrar must give notice of the entry to the persons mentioned in rule 106(1) (subject to rule 106(2)).

(5) Where an entry has been made under paragraph (3)—

(a) the proprietor of the statutory charge which gave rise to the entry, or

(b) the proprietor of a charge entered in the charges register of the affected registered title which, subject to the effect of the entry, would rank in priority to or have equal priority with that statutory charge under rule 101,

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—

(a) the registered proprietor of a registered charge, and

(b) subject to paragraph (2), any person who appears to the registrar to be entitled to a charge protected by a notice,

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—

(a) by post, to the postal address, whether or not in the United Kingdom, entered in the register as the prior chargee’s address for service, or

(b) by leaving the notice at that address, or

(c) by sending to the box number at the relevant document exchange entered in the register as an additional address for service of the prior chargee, or

(d) by electronic transmission to the electronic address entered in the register as an additional address for service of the prior chargee, or

(e) where paragraph (3) applies, by post, document exchange, fax or electronic transmission to the address, box number or fax number provided.

(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

(5) A notice posted or transmitted after 1700 hours on a working day or posted or transmitted on a day which is not a working day is to be treated as having been posted or transmitted on the next working day.

(6) In this rule—

“post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such a period as is reasonable in all the circumstances,

“prior chargee” means the proprietor of a registered charge to whom notice is being given under section 49(1) of the Act,

“subsequent chargee” means the chargee giving notice under section 49(1) of the Act,

“working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971²⁹ or appointed by the Lord Chancellor.

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 2000³⁰, or a Northern Ireland company, the applicant must produce to the registrar—

(a) a certificate issued under section 401 of the 1985 Act that the charge has been registered under section 395 of that Act, or

(b) (in the case of a charge created by a company registered in Scotland) a certificate issued under section 418 of the 1985 Act that the charge has been registered under section 410 of that Act, or

(c) (in the case of a charge created by a Northern Ireland company) a certificate issued under article 409 of the 1986 Order that the charge has been registered under article 403 of that Order.

(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—

“the 1985 Act” means the Companies Act 1985³¹,

“the 1986 Order” means the Companies (N.I.) Order 1986³²,

“Northern Ireland” company means a company formed and registered under the 1986 Order or a company formed and registered, or deemed to have been registered, in Northern Ireland under the former Northern Ireland Companies Acts,

“former Northern Ireland Companies Acts” means the Joint Stock Companies Acts, the Companies Act 1862³³, the Companies (Consolidation) Act 1908³⁴, the Companies Act (Northern Ireland) 1932³⁵ and the Companies Acts (Northern Ireland) 1960 to 1983³⁶,

“Joint Stock Companies Acts” means the Joint Stock Companies Act 1856³⁷, the Joint Stock Companies Act 1857³⁸, the Joint Stock Banking Companies Act 1857³⁹ and the Act to enable Joint Stock Banking Companies to be formed on the principle of limited liability⁴⁰, or any one or more of those Acts (as the case may require), but does not include the Joint Stock Companies Act 1844⁴¹.

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—

(a) cancel the registration of the charge in respect of which the order was made,

(b) cancel all entries in respect of interests over which the charge has priority, and

(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—

(a) by, or with the consent of, the proprietor of the registered charge and the proprietor of the estate charged, and

(b) with the consent of the proprietor, or a person entitled to be registered as proprietor, of every other registered charge of equal or inferior priority that is prejudicially affected by the variation,

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

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—

(a) the discharge of, or

(b) the release of part of a registered estate in a registered title from,

a registered charge may be delivered to the registrar in electronic form.

(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.

PART 10 — BOUNDARIES

Definition

117

In this Part, except in rule 121, “boundary” includes part only of a boundary.

Application for the determination of the exact line of a boundary

118

(1) A proprietor of a registered estate may apply to the registrar for the exact line of the boundary of that registered estate to be determined.

(2) An application under paragraph (1) must be made in Form DB and be accompanied by—

(a) a plan, or a plan and a verbal description, identifying the exact line of the boundary claimed and showing sufficient surrounding physical features to allow the general position of the boundary to be drawn on the Ordnance Survey map, and

(b) evidence to establish the exact line of the boundary.

Procedure on an application for the determination of the exact line of a boundary

119

(1) Where the registrar is satisfied that—

(a) the plan, or plan and verbal description, supplied in accordance with rule 118(2)(a) identifies the exact line of the boundary claimed,

(b) the applicant has shown an arguable case that the exact line of the boundary is in the position shown on the plan, or plan and verbal description, supplied in accordance with rule 118(2)(a), and

(c) he can identify all the owners of the land adjoining the boundary to be determined and has an address at which each owner may be given notice,

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—

(a) a person entitled to apply to be registered as the proprietor of an unregistered legal estate in land under section 3 of the Act,

(b) the proprietor of any registered estate or charge affecting the land, and

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—

(a) make an entry in the individual register of the applicant’s registered title and, if appropriate, in the individual register of any superior or inferior registered title, and any registered title affecting the other land adjoining the determined boundary, stating that the exact line of the boundary is determined under section 60 of the Act, and

(b) subject to paragraph (2), add to the title plan of the applicant’s registered title and, if appropriate, to the title plan of any superior or inferior registered title, and any registered title affecting the other land adjoining the determined boundary, such particulars of the exact line of the boundary as he considers appropriate.

(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—

(a) there is—

(i) a transfer of part of a registered estate in land, or

(ii) the grant of a term of years absolute which is a registrable disposition of part of a registered estate in land,

(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—

(a) make an entry in the individual registers of the affected registered titles stating that the exact line of the common boundary is determined under section 60 of the Act, and

(b) subject to paragraph (3), add to the title plan of the disponor’s affected registered title (whether or not the disponor is still the proprietor of that title, or still entitled to be registered as proprietor of that title) and to the title plan of the registered title under which the disposition is being registered, such particulars of the exact line of the common boundary as he considers appropriate.

(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—

“common boundary” means any boundary of the land disposed of by a disposition which adjoins land in which the disponor at the date of the disposition had a registered estate in land or of which such disponor was entitled to be registered as proprietor, and

“disposition” means a transfer or grant mentioned in paragraph (1)(a).

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.

PART 11 — QUALITY OF TITLE

Application to upgrade title under section 62 of the Act

124

(1) An application for the registrar to upgrade title under section 62 of the Act must be made in Form UT1.

(2) An application referred to in paragraph (1) must, except where made under sections 62(2), (4) or (5) of the Act, be accompanied by such documents as will satisfy the registrar as to the title.

(3) An application under section 62(2) of the Act must be accompanied by—

(a) such documents as will satisfy the registrar as to any superior title which is not registered,

(b) where any superior title is registered with possessory, qualified or good leasehold title, such evidence as will satisfy the registrar that that title qualifies for upgrading to absolute title, and

(i) any chargee of any superior title, and

(ii) any superior lessor.

(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—

(a) details of the interest, and

(b) where the interest is not apparent from the register, evidence to satisfy the registrar of the applicant’s interest.

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—

(a) the person entitled to determine the registered estate,

(b) the proprietor of the registered estate to which the entry relates,

(d) any other person whom the registrar is satisfied has an interest in the removal of the entry.

(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.

PART 12 — ALTERATIONS AND CORRECTIONS

Alteration under a court order—not rectification

126

(1) Subject to paragraphs (2) and (3), if in any proceedings the court decides that—

(a) there is a mistake in the register,

(b) the register is not up to date, or

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—

(a) the registered proprietor of any registered estate,

(b) the registered proprietor of any registered charge, and

(c) subject to paragraph (3), any person who appears to the registrar to be entitled to an interest protected by a notice,

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—

(a) in the case of a mistake of a clerical or like nature, in all circumstances,

(b) in the case of any other mistake, only if the applicant and every other interested party has requested, or consented to, the alteration.

PART 13 — INFORMATION ETC

Interpretation of this Part

Definitions

131

In this Part—

“commencement date” means the date of commencement of this Part,

“edited information document” means, where the registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b),

“exempt information document” means the original and copies of a document so designated under rule 136(3),

“prejudicial information” means— information that relates to an individual who is the applicant under rule 136 and if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, cause substantial unwarranted damage or substantial unwarranted distress to the applicant or another, or information that if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, prejudice the commercial interests of the applicant under rule 136,

“priority period” means— where the application for an official search is entered on the day list before the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirtieth business day thereafter, and where the application for an official search is entered on the day list on or after the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirty sixth business day thereafter,

“protectable disposition” means a registrable disposition (including one by virtue of rule 38) of a registered estate or registered charge made for valuable consideration,

“purchaser” means a person who has entered into or intends to enter into a protectable disposition as disponee,

“registrable estate or charge” means the legal estate and any charge which is sought to be registered as a registered estate or registered charge in an application for first registration,

“search from date” means— the date stated on an official copy of the individual register of the relevant registered title, as the date on which the entries shown on that official copy were subsisting, the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting,

“transitional period” means the period of two years beginning with the commencement date,

“transitional period document” means— a lease or charge or a copy lease or charge kept by the registrar since before the commencement date, where an entry referring to the lease or charge was made in the register of title before the commencement date, or any other document kept by the registrar which is not referred to in the register of title but relates to an application to the registrar and was received by the registrar before the commencement date.

Delivery of applications and issuing of certificates

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.

Inspection and copying

133

(1) This rule applies to the right to inspect and make copies of the registers and documents under section 66(1) of the Act.

(2) There is excepted from the right—

(a) any exempt information document,

(b) any edited information document which has been replaced by another edited information document under rule 136(6),

(d) any Form CIT,

(e) any Form to which Form CIT has been attached under rule 140(3) or (4), and

(f) any document or copy of any document prepared by the registrar in connection with an application in a Form to which Form CIT has been attached under rule 140(3) or (4).

(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.

Official Copies

Application for official copies of a registered title or of any part of it, the cautions register or for a certificate of inspection of the title plan

134

(1) A person may apply for—

(a) an official copy of an individual register,

(b) an official copy of any title plan referred to in an individual register,

(d) a certificate of inspection of any title plan.

(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—

(a) deal with the application as if it referred only to one of the title numbers relating to the property,

(b) deal with the application as if it referred to all of the title numbers relating to the property, or

(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 or part of them

135

(1) Subject to paragraphs (2) and (3), a person may apply for an official copy of—

(a) any document referred to in the register of title and kept by the registrar,

(b) any other document kept by the registrar that relates to an application to him.

(2) There is excepted from paragraph (1)—

(a) any exempt information document,

(b) any edited information document which has been replaced by another edited information document under rule 136(6),

(d) any Form CIT,

(e) any Form to which Form CIT has been attached under rule 140(3) or (4), and

(f) any document or copy of any document prepared by the registrar in connection with an application in a Form to which Form CIT has been attached under rule 140(3) or (4).

(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.

Exempt information documents

Application that the registrar designate a document an exempt information document

136

(1) A person may apply for the registrar to designate a relevant document an exempt information document if he claims that the document contains prejudicial information.

(2) Subject to rule 132(1), an application under paragraph (1) must—

(a) be made in Form EX1 and EX1A, and

(b) include a copy of the relevant document which excludes the prejudicial information and which is certified as being a true copy of the relevant document from which copy this information has been excluded.

(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—

(a) the information excluded from the existing edited information document, and

(b) any further information excluded from the edited information document lodged by the applicant.

(7) In this rule a “relevant document” is a document—

(a) referred to in the register of title, or one that relates to an application to the registrar, the original or a copy of which is kept by the registrar, or

(b) that will be referred to in the register of title as a result of an application (the “accompanying application”) made at the same time as an application under this rule, or that relates to the accompanying application, the original or a copy of which will be or is for the time being kept by the registrar.

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—

(a) none of the information excluded from the edited information document is prejudicial information, or

(b) although all or some of the information excluded is prejudicial information, the public interest in providing an official copy of the exempt information document to the applicant outweighs the public interest in not doing so,

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—

(a) the document has been made an exempt information document under more than one application,

(b) an application under paragraph (1) is made by fewer than all of the applicants under rule 136(1), and

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).

Transitional period documents

Inspection, copying and official copies of transitional period documents

139

(1) Subject to paragraph (2) and rule 140(2), during the transitional period a person may only inspect and make copies of, or of any part of, a transitional period document or obtain an official copy of a transitional period document at the registrar’s discretion.

(2) Where a transitional period document is an exempt information document, paragraph (1) does not apply.

Inspection, official copies and searches of the index of proprietors’ names in connection with investigation or enforcement proceedings

Application in connection with court proceedings, insolvency and tax liability

140

(1) In this rule, a qualifying applicant is a person referred to in column 1 of Schedule 5 who gives the registrar the appropriate certificate referred to in column 2 of the Schedule or, where rule 132 applies, an equivalent certificate in accordance with a notice given under Schedule 2.

(2) A qualifying applicant may apply—

(a) to inspect or make copies of any document (including a form) within rule 133(2) and, during the transitional period, any transitional period document,

(b) for official copies of any document (including a form) within rule 135(2) and, during the transitional period, any transitional period document, and

(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—

(a) to inspect and make copies of registers and documents not within paragraph (2)(a) under section 66 of the Act,

(b) for official copies of registers and plans under rule 134(1) and of documents not within paragraph (2)(b) under rule 135,

(d) for an official search of the index map under rule 145, or

(e) for an official search of the index of relating franchises and manors under rule 146,

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 1970⁴².

Information about the day list, electronic discharges of registered charges and title plans

Day list information

141

(1) In this rule “day list information” means information kept by the registrar under rule 12.

(2) A person may only apply for the day list information relating to a specified title number 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 must provide the day list information in the manner specified in the relevant notice.

(4) Unless otherwise stated by the registrar, the day list information provided must be based on the entries subsisting in the day list immediately before the information is provided.

(5) The registrar is not required to disclose under this rule details of an application under rule 136.

Enquiry as to discharge of a charge by electronic means

142

(1) A person may apply in respect of a specified registered title for confirmation of receipt by the registrar of notification of—

(a) the discharge of a registered charge given by electronic means, or

(b) the release of part of a registered estate from a registered charge given by electronic means.

(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.

Historical information

Application for an historical edition of a registered title kept by the registrar in electronic form

144

(1) A person may apply for a copy of—

(a) the last edition for a specified day, or

(b) every edition for a specified day,

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—

(a) if the application is under paragraph (1)(a), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day, or

(b) if the application is under paragraph (1)(b), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day and any prior edition kept in electronic form of the registered title for that day.

(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.

Official searches of the index kept under section 68 of the Act

Searches of the index map

145

(1) Any person may apply for an official search of the index map.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form SIM.

(3) If the registrar so requires, an applicant must provide a copy of an extract from the Ordnance Survey map on the largest scale published showing the land to which the application relates.

(4) If an application under paragraph (1) is in order, subject to rule 132(2), a paper certificate must be issued including such information specified in Part 1 of Schedule 6 as the case may require.

Searches of the index of relating franchises and manors

146

(1) Any person may apply for an official search of the index of relating franchises and manors.

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form SIF.

(3) If an application under paragraph (1) is in order, subject to rule 132(2), a paper certificate must be issued including such information specified in Part 2 of Schedule 6 as the case may require.

Official searches with priority

Application for official search with priority by purchaser

147

(1) A purchaser may apply for an official search with priority of the individual register of a registered title to which the protectable disposition relates.

(2) Where there is a pending application for first registration, the purchaser of a protectable disposition which relates to that pending application may apply for an official search with priority in relation to that pending application.

(3) Subject to rule 132(1), an application for an official search with priority must be made in Form OS1 or Form OS2, as appropriate.

(4) Where the application is made in Form OS2 and an accompanying plan is required, unless the registrar allows otherwise, the plan must be delivered in duplicate.

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