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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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Column 1	Column 2
Status of applicant	Certificate in Form CIT
An Administrator appointed for the purposes of the Insolvency Act 1986[^f00071]	Certificate K
An Administrator appointed under section 13 of the Criminal Justice (Scotland) Act 1987[^f00072]	Certificate J
A Chief Officer of Police or a police officer authorised to apply on behalf of	Certificate A
a Chief Officer	Certificate B Certificate C Certificate D Certificate E Certificate G
A person commissioned by the Commissioners of Customs and Excise	Certificate C Certificate D Certificate E Certificate H
A person authorised to apply by the Commissioners of Inland Revenue	Certificate E
A person authorised to apply by the Commissioners of Inland Revenue and having the consent of a General or Special Commissioner to make the application	Certificate L
A constable	Certificate H
The Director of the Assets Recovery Agency or a member of the Assets	Certificate H
Recovery Agency authorised to apply on behalf of the Director	Certificate I Certificate M
The Director of Public Prosecutions or a member of the Crown	Certificate A
Prosecution Service authorised to apply on behalf of the Director	Certificate B Certificate C Certificate D Certificate E
The Director of the Serious Fraud Office or a member of the Serious Fraud	Certificate A
Office authorised to apply on behalf of the Director	Certificate B Certificate E
The Director-General of the Security Service or a member of the Security Service authorised to apply on behalf of the Director-General	Certificate F
A Liquidator appointed for the purposes of the Insolvency Act 1986	Certificate K
The Lord Advocate or a person conducting a prosecution in Scotland on	Certificate C
behalf of the Lord Advocate	Certificate D
The Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland	Certificate K
An Official Receiver for the purposes of the Insolvency Act 1986	Certificate K
A Receiver appointed under the Criminal Justice Act 1988[^f00073], the Drug Trafficking Act 1994[^f00074] or the Proceeds of Crime Act 2002[^f00075]	Certificate J
The Scottish Ministers or a person named by them	Certificate I
A person authorised by the Secretary of State for the Department of Trade and Industry	Certificate A Certificate B Certificate E
A person authorised by the Secretary of State for Work and Pensions	Certificate A Certificate B
A trustee in bankruptcy, being either a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland	Certificate K

SCHEDULE 6 — INFORMATION TO BE INCLUDED IN CERTAIN RESULTS OF OFFICIAL SEARCHES

Part 1 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF THE INDEX MAP

A

The date and time of the official search certificate

B

A description of the land searched

C

The reference (if any) of the applicant or the person to whom the search is being sent: limited to 25 characters including spaces

D

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

Part 2 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF THE INDEX OF RELATING FRANCHISES AND MANORS

A

The date and time of the official search certificate

B

The administrative area(s) searched

C

The reference (if any) of the applicant or the person to whom the search is being sent: limited to 25 characters including spaces

D

Whether there is a verbal description of—

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

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

(iii) a registered franchise which is a relating franchise

(iv) a registered manor, or

(v) a caution 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

Part 3 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH OF AN INDIVIDUAL REGISTER OF A REGISTERED TITLE

A

The title number

B

The date and time of the official search certificate

C

If the official search certificate is part of a registered title, a short description of the property or plot number on the approved estate plan

D

The applicant's name

E

The applicant's, or his agent's, reference (if any): limited to 25 characters including spaces

F

Details of any relevant adverse entries made in the individual register since the beginning of the day specified in the application as the search from date

G

Notice of the entry of any relevant pending application or proposal by the registrar to alter the register affecting the registered title entered on the day list (other than an application to designate a document as an exempt information document under rule 136)

H

Notice of the entry on the day list of any relevant official search the priority period of which has not expired

I

If the official search is with priority, the date and time at which the priority expires

J

If the official search is without priority, a statement that the certificate will not confer on the applicant priority for any registrable disposition

Part 4 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH WITH PRIORITY IN RELATION TO A PENDING APPLICATION FOR FIRST REGISTRATION

A

The title number allotted to the pending application for first registration

B

The date and time of the official search certificate

C

If the official search is of part, a short description of the property

D

The applicant's name

E

The applicant's, or his agent's, reference (if any): limited to 25 characters including spaces

F

The full name of the person who has applied for first registration

G

The date and time at which the pending application for first registration was entered on the day list

H

Notice of the entry of any relevant pending application affecting the estate sought to be registered and entered on the day list subsequent to the date and time at which the pending application for first registration was entered on the day list (other than an application to designate a document as an exempt information document under rule 136)

I

Notice of the entry on the day list of any relevant official search the priority period of which has not expired affecting the pending application for first registration

J

The date and time at which priority expires

Part 5 — INFORMATION TO BE INCLUDED IN THE RESULT OF AN OFFICIAL SEARCH BY A MORTGAGEE FOR THE PURPOSE OF SECTION 56(3) OF THE FAMILY LAW ACT 1996

A

The title number

B

The date and time of the official search certificate

C

The mortgagee's name

D

The mortgagee's, or his agent's, reference (if any): limited to 25 characters including spaces

E

Whether, at the date and time of the official search certificate, a home rights notice or matrimonial home rights caution has been registered against the registered title searched and if so the date of registration and the name of the person in whose favour the notice or caution was registered

F

Whether at the date and time of the official search certificate there is a pending application for the entry of a home rights notice entered on the day list

SCHEDULE 7 — SETTLEMENTS

General

1

Registered land which is settled land must be registered in the name of the tenant for life or the statutory owner.

First registration—restriction required

2

An application for first registration of an unregistered legal estate which is settled land must be accompanied by an application for entry of a restriction in Form G, H, or I, as appropriate.

Standard forms of restriction applicable to settled land

3

(1) The restrictions in Forms G, H and I apply respectively to the various cases referred to in those forms, and may be modified as the registrar sees fit according to the circumstances.

(2) Where one of the restrictions referred to in sub-paragraph (1) should have been entered in the register and has not been, any person who has an interest in the settled land and who applies for such restriction shall be regarded as included in section 43(1)(c) of the Act.

(3) Subject to paragraphs 8 and 14, the restrictions referred to in sub-paragraph (1) are binding on the proprietor during his life, but do not affect a disposition by his personal representatives.

Transfer of land into settlement

4

(1) A transfer of registered land into settlement must include the following provisions, with any necessary alterations and additions—

The Transferor and the Transferee declare that— (a) the property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties), (b) the trustees of the settlement are (names of trustees), (c) the power of appointment of new trustees is vested in (name), (d) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925 : (insert additional powers). or if the tenant for life is a minor and the transferees are the statutory owner— (a) the property is vested in the Transferee as statutory owner under a trust deed dated (date) and made between (parties), (b) the tenant for life is (name), a minor, who was born on (date), (c) the trustees of the settlement are (names), (d) during the minority of the tenant for life the power of appointment of new trustees is vested in the Transferee, (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (insert additional powers).

(2) An application for the registration of a transfer of registered land into settlement must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.

(3) When the registrar receives the application he must register the transferee named in the transfer as the proprietor of the registered land and enter the appropriate restriction in the register.

Registered land brought into settlement

5

Where registered land has been settled and the existing registered proprietor is the tenant for life under the settlement, the registered proprietor must—

(a) make a declaration in Form 6, and

(b) apply for the entry of a restriction in Form G, modified if appropriate.

Registered land bought with capital money

6

(1) Where registered land is acquired with capital money the transfer must be in one of the forms prescribed by rule 206 and must include the following provisions, with any necessary alterations and additions—

The Transferee declares that— (a) the consideration has been paid out of capital money, (b) the Property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties), (c) the trustees of the settlement are (names of trustees), (d) the power of appointment of new trustees is vested in (name), (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (set out additional powers).

(2) An application for registration of the transfer must be accompanied by an application for entry of a restriction in Form G, H or I, as appropriate.

Duty to apply for restrictions when registered land is settled

7

(1) Where registered land is settled land the proprietor, or (if there is no proprietor) the personal representatives of a deceased proprietor, must apply to the registrar for the entry of such restrictions (in addition to a restriction in Form G, H or I) as may be appropriate to the case.

(2) The application must state that the restrictions applied for are required for the protection of the beneficial interests and powers under the settlement.

(3) Subject to section 43(3) of the Act, the registrar must enter such restrictions without inquiry as to the terms of the settlement.

(4) Nothing in this rule affects the rights and powers of personal representatives for purposes of administration.

Proprietor ceasing in his lifetime to be the tenant for life

8

Where a registered proprietor ceases in his lifetime to be a tenant for life and has not become absolutely entitled to the registered land—

(a) he must transfer the land to his successor in tile, or, if the successor is a minor, to the statutory owner, and

(b) on the registration of the successor in title or statutory owner as proprietor, the trustees of the settlement, if the settlement continues, must apply for such alteration in the restrictions as may be required for the protection of the beneficial interests and powers under the settlement.

Tenant for life or statutory owner entitled to have the settled land vested in him

9

Where a tenant for life or statutory owner who, if the registered land were not registered, would be entitled to have the settled land vested in him, is not the registered proprietor, the registered proprietor must at the cost of the trust estate execute such transfers as may be required for giving effect on the register to the rights of such tenant for life or statutory owner.

Registration of statutory owner during a minority otherwise than on death

10

(1) If a minor becomes entitled in possession (or will become entitled in possession on attaining full age) to registered land otherwise than on a death, the statutory owner during the minority is entitled to require the settled land to be transferred to him and to be registered as proprietor accordingly.

(2) The transfer to the statutory owner—

(a) must be in Form TR1, and

(b) must not refer to the settlement.

(3) An application to register the transfer must be accompanied by an application for entry of a restriction in Form H.

Registration of special personal representatives

11

(1) Where—

(a) land was settled before the death of the sole or last surviving joint registered proprietor and not by his will, and

(b) the settlement continues after his death,</3>the personal representatives in whom the registered land vests under the Administration of Estates Act 1925 may apply to be registered as proprietor in place of the deceased proprietor.

(2) The application must be accompanied by the grant of probate or letters of administration of the deceased proprietor limited to the settled land.

(3) The personal representatives must be registered in place of the deceased proprietor and the following added after his name—

“special executor or executrix (or administrator or administratrix) of [name], deceased.”.

Transfer on the death of the tenant for life

12

(1) Where the settlement continues after the death of the proprietor who was the tenant for life—

(a) an application to register a transfer by the personal representatives to the person next entitled to the registered land which is settled land must be accompanied by—

(i) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor limited to the settled land,

(ii) a transfer in Form AS1 or AS2, as appropriate,

(iii) an application for entry of a restriction in Form G or H, as appropriate.

(b) The transfer must contain the following provisions with any necessary alterations or additions—

The Personal Representatives and the Transferee declare that— (a) the Property is vested in the Transferee upon the trusts declared in [a trust deed dated (date) and made between (parties)] or [the will of (name of deceased) proved on (date)], (b) the trustees of the settlement are (names of trustees), (c) the power of appointment of new trustees is vested in (name), (d) the following powers relating to land are expressly conferred by the will in addition to those conferred by the Settled Land Act 1925: (set out additional powers).

(2) Where the settlement ends on the death of the proprietor, an application to register a transfer by the personal representatives to the person entitled must be accompanied by—

(a) if the personal representatives are not already registered, the grant of probate or letters of administration of the deceased proprietor,

(b) Form RX3 for cancellation of the restriction entered on the register relating to the settlement.

(3) The registrar shall not be under a duty to investigate the reasons any transfer is made by the personal representatives or consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representatives are acting correctly and within their powers.

Minority where settlement arises under a will or intestacy

13

(1) Where a settlement is created or arises under the will or intestacy of a person who died before 1st January 1997—

(a) The personal representatives under the will or intestacy under which the settlement is created or arises must, during a minority, be registered as proprietors and will have all the powers conferred by the Settled Land Act 1925 on the tenant for life and on the trustees of the settlement.

(b) When a minor becomes beneficially entitled to an estate in fee simple or a term of years absolute in the registered land, or would, if he were of full age, be or have the powers of a tenant for life, the personal representatives must (unless they are themselves the statutory owner) during the minority give effect on the register to the directions of the statutory owner.

(c) In particular, the statutory owner shall, after administration is completed as respects the registered land, direct the personal representatives to apply for a restriction in Form H.

(2) The application for the restriction in form H must be made by the personal representatives.

(3) On an application by the personal representatives under sub-paragraph (2), the registrar shall be under no duty to consider or call for any information concerning—

(a) the reason the application is made, or

(b) the terms of the will or the devolution under the intestacy, or

and whether he has notice of those matters or not, he must assume that the personal representatives are acting according to the directions given and that the directions were given by the statutory owner and were correct.

(4) A disponee dealing with the personal representatives who complies with the restriction entered under sub-paragraph (2) is not concerned to see or enquire whether any directions have been given by the statutory owner with regard to the disposition to him.

(5) Where under subsection (3) of section 19 of the Settled Land Act 1925 there is a tenant for life of full age, he shall be entitled to be registered as proprietor during any minority referred to in that subsection, but subject to the restrictions in Forms G or I, as appropriate.

(6) Nothing in this paragraph shall affect the right of a statutory owner to be registered as proprietor.

Discharge of registered land from beneficial interests and powers under a settlement

14

Where the trustees of a settlement desire to discharge registered land from the beneficial interests and powers under the settlement they may do so by any document sufficient to discharge it.

Discharge from liability in respect of beneficial interests and powers under a settlement

15

Where a proprietor or the personal representatives of a deceased proprietor has or have, in good faith, complied with the requirements of this Schedule in executing a transfer of settled land or discharge of trustees and in applying for the appropriate restrictions that may be required for the protection of the beneficial interests and powers under a settlement—

(a) he is or they are absolutely discharged from all liability in respect of the equitable interests and powers taking effect under the settlement, and

(b) he is or they are entitled to be kept indemnified at the cost of the trust estate from all liabilities affecting the settled land.

Interpretation

16

(1) In this Schedule—

“capital” money has the same meaning as in the Settled Land Act 1925,

“personal representatives” includes the special personal representatives for the purposes of any settled land where they have been appointed in relation to that land,

“settled land” has the same meaning as in the Settled Land Act 1925,

“settlement” has the same meaning as in the Settled Land Act 1925,

“statutory owner” has the same meaning as in the Settled Land Act 1925,

“tenant for life” has the same meaning as in the Settled Land Act 1925,

“transfer” includes an assent and a vesting assent,

“trustees of the settlement” has the same meaning as in the Settled Land Act 1925,

“vesting assent” has the same meaning as in the Settled Land Act 1925.

(2) References in this Schedule to the “tenant for life” shall, where the context admits, be read as referring to the tenant for life, statutory owner, or personal representatives who is or are entitled to be registered.

(3) Nothing in this Schedule modifies the provisions of section 2 of the Trusts of Land and Appointment of Trustees Act 1996 concerning settlements in relation to their application to registered land (as defined in section 89(3) of the Act).

SCHEDULE 8 — MODIFIED FORM OF SCHEDULE 6 TO THE ACT APPLICABLE TO REGISTERED RENTCHARGES

SCHEDULE 9 — FORMS OF EXECUTION

Signed

Signed by authority of the Lord Chancellor

Scotland of Asthal QC — Parliamentary Secretary, Lord Chancellor's — Department — 2003-05-19

Explanatory note

This note is not part of the Rules)

Footnotes

[^f00001]: 2002 c. 9.

[^f00002]: 1993 c. 10.

[^f00003]: 1993 c. 28.

[^f00004]: 1996 c. 27.

[^f00005]: 2000 c. 12.

[^f00006]: 1994 c. 36.

[^f00007]: 2000 c. 12.

[^f00008]: 1971 c. 27.

[^f00009]: 1940 c. 28.

[^f00010]: 1985 c. 29.

[^f00011]: 1996 c. 47.

[^f00012]: 1925 c. 20.

[^f00013]: 1994 c. 36.

[^f00014]: 1925 c. 20.

[^f00015]: 1992 c. 23.

[^f00016]: 1987 c. 31.

[^f00017]: 1996 c. 27.

[^f00018]: 1996 c. 47.

[^f00019]: 2000 c. 11.

[^f00020]: 2002 c. 29.

[^f00021]: 1987 c. 31.

[^f00022]: 1993 c. 28.

[^f00023]: 2001 c. 17.

[^f00024]: 1996 c. 47.

[^f00025]: 1985 c. 68.

[^f00026]: 1988 c. 50.

[^f00027]: 1989 c. 42.

[^f00028]: 1996 c. 52.

[^f00029]: 1971 c. 80.

[^f00030]: 2000 c. 12.

[^f00031]: 1985 c. 6.

[^f00032]: S.I. 1986/1032 (N.I. 6).

[^f00033]: 1862 c. 89.

[^f00034]: 1908 c. 69.

[^f00035]: 1932 c. 7 (N.I.).

[^f00036]: 1960 c. 22 (N.I.), 1963 c. 25 (N.I.), S.I. 1978/1042, (N.I. 12/78), S.I. 1981/838 (N.I. 19/81), S.I. 1982/1534 (N.I. 17/82), S.I. 1983/1119 (N.I. 12/83).

[^f00037]: 1856 c. 47.

[^f00038]: 1857 c. 14.

[^f00039]: 1857 c. 49.

[^f00040]: 1858 c. 91.

[^f00041]: 1844 c. 110.

[^f00042]: 1970 c. 9.

[^f00043]: 1996 c. 27.

[^f00044]: 1925 c. 19.

[^f00045]: 1986 c. 45.

[^f00046]: OJ No. L160, 30.6.00. p. 1.

[^f00047]: 1993 c. 10.

[^f00048]: 1996 c. 52.

[^f00049]: 1985 c. 69.

[^f00050]: 2000 c. 12.

[^f00051]: 1986 c. 45.

[^f00052]: 1925 c. 18.

[^f00053]: 1993 c. 28.

[^f00054]: 1971 c. 80.

[^f00055]: 1879 c. 58.

[^f00056]: 1971 c. 80.

[^f00057]: 2002 c. 9.

[^f00058]: 1993 c. 10.

[^f00059]: 1985 c. 6.

[^f00060]: 1985 c. 61.

[^f00061]: 1975 c. 7.

[^f00062]: 1984 c. 51.

[^f00063]: 1967 c. 75.

[^f00064]: 1996 c. 27.

[^f00065]: 1983 c. 19.

[^f00066]: 1995 c. 30.

[^f00067]: 1925 c. 18.

[^f00068]: 1985 c. 6.

[^f00069]: 1925 c. 21.

[^f00070]: 1996 c. 27.

[^f00071]: 1986 c. 45.

[^f00072]: 1987 c. 41.

[^f00073]: 1988 c. 33.

[^f00074]: 1994 c. 37.

[^f00075]: 2002 c. 29.

[^f00076]: 1925 c. 18.

[^f00077]: 1925 c. 23.

[^f00078]: 1925 c. 18.

[^f00079]: 1996 c. 47.

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.

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.

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.

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.

5

Except where otherwise permitted, 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 and privileges benefiting the registered estate and other similar matters,

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

(iv) any ... matter otherwise 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

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) Subject to rule 72A(3), 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 the lease prohibits or restricts dispositions of the estate.

7

Where practicable, 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.

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 , 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 entered under rule 67(6),

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(2) Where practicable, the registrar must enter in the proprietorship register—

(a) on first registration of a registered estate,

(b) following completion by registration of a lease which is a registrable disposition, and

the price paid or value declared for the registered estate.

(3) An entry made under paragraph (2) must 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.

9

Except where otherwise permitted, 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, ...

(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 , and

(i) any matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the charges register.

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.

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—

(a) his own name,

(b) the name of a corporation aggregate, or

(c) 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.

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 made under rule 11(3), an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act, or an application within Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

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

(c) an application to register an electronic disposition of a kind for which a registrar’s notice has been given under rule 54C.

14

Any application to which rule 15 applies ... 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.

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 the 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 , if no such order subsists, to the registrar under the provisions of any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of applications, 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.

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 working 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.

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.

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.

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 .

(4) In paragraph (3) the reference to the electronic address ... is to the electronic address ... 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 , or, if no such order subsists, the address stated in any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of objections.

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.

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.

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.

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.

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.

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

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.

27

(1) 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.

(2) The evidence referred to in paragraph (1) may consist of, or include, a statement of truth, which may be made in Form ST1, ST2 or ST3, as appropriate.

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.

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.

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,

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 working 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.

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.

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.

(3) The evidence referred to in paragraph (1)(b) may consist of, or include, a statement of truth, which may be made in Form ST4 if appropriate.

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.

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.

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.

37

(1) This rule applies where—

(a) an application is made for registration of a leasehold estate under Chapter 1 of Part 2 of the Act,

(b) 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,

(d) the lease is not noted in the register of the registered reversion.

(2) Before completing registration of the leasehold estate, the registrar must give notice of the application to the proprietor of the registered reversion, unless it is apparent from the application that the proprietor 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.

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.

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.

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.

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 , its registered number,

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

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.

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.

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.

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.

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.

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.

49

(1) Subject to paragraph (2), 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.

(2) The registrar is not obliged to alter the cautions register under section 21(1) of the Act to substitute another person for the cautioner in the cautioner’s register unless the whole of the relevant interest is vested in that other person by operation of law.

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.

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 substitute him for the cautioner in the cautioner's register ....

(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.

52

(1) 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.

(2) Where the cautioner shown in the cautioner’s register comprises more than one person, then each such person has a separate right to object to an application made under section 18 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 working 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 working 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 working 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 working day after the date of issue of the notice has expired.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 working 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.

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.

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.

58

A transfer of a registered estate must be in Form TP1, TP2, ... TR1, TR2, TR5, AS1 or AS3, as appropriate unless it is effected by an electronic document to which section 91 of the Act applies.

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—

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.

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 , or

(c) a document which under section 4 of the Evidence and Powers of Attorney Act 1940, paragraph 16 of Part 2 of Schedule 1, or paragraph 15(3) of Part 5 of Schedule 4 to the Mental Capacity Act 2005 (c.9) is sufficient evidence of the contents of the power, or

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

(2) If an order or direction under section 22 or 23 of, or paragraph 16 of Part 5 of Schedule 4 to, the Mental Capacity Act 2005 has been made with respect to a power or the donor of the power or the attorney appointed under it, the order or direction must be produced to the registrar.

(3) In this rule, “power” means the power of attorney.

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 or statement of truth by the person who dealt with the attorney or a certificate given by that person's conveyancer in Form 2.

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 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 or statement of truth 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.

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.

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.

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.

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 a covenant implied under section 4(1)(b) of the 1994 Act.

(7) In this rule “the LPA 1925” means the Law of Property Act 1925 and “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994 .

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A document effecting a registrable disposition of leasehold land which limits or extends a covenant implied under section 4(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994 must do so by express reference to that section.

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(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.

70

Where the registrar is describing a registered estate in land in the property register by reference to land where mines or minerals are or may be situated, he may make an entry to the effect that the description is an entry made under rule 5(a) and is not a note that the registered estate includes the mines or minerals for the purposes of paragraph 2 of Schedule 8 to the Act.

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(1) An application for a note to be entered that a registered estate includes the mines or minerals, or specified mines or minerals, must be accompanied by evidence to satisfy the registrar that those mines or minerals are included in the registered estate.

(2) If the registrar is satisfied that those mines or minerals are included in the registered estate, he must enter the appropriate note.

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(1) Subject to paragraphs (2) and (3), on registration of a transfer or charge of part of the registered estate in a registered title the registrar must make an entry in the property register of that registered title referring to the removal of the estate comprised in the transfer or charge.

(2) The registrar may, instead of making the entry referred to in paragraph (1), 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.

(3) Paragraph (1) 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.

(4) Subject to paragraph (5), on registration of a transfer or charge of part of the registered estate in a registered title the registrar must (where appropriate) make entries in the relevant individual registers in respect of any rights, restrictive covenants, provisions and other matters created by the transfer or charge which are capable of being entered in an individual register.

(5) The registrar need make no entries under paragraph (4) in individual registers where the title numbers of those registers in which entries are to be made have not been given in panel 2 of the Form AP1 lodged for the purpose of registering the transfer or charge, unless separate application is made in respect of the rights, restrictive covenants, provisions or other matters.

(6) Unless the Form AP1 contains a specific application, the registrar need not complete under paragraph 6 of Schedule 2 to the Act the registration of an interest of a kind falling within section 1(2)(b) of the Law of Property Act 1925 contained in a transfer or charge of part of the registered estate in a registered title.

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(1) A proprietor of a registered estate may apply to be registered as the proprietor of a legal easement or profit a prendre which—

(a) has been expressly granted or reserved over an unregistered estate, or

(b) has been acquired otherwise than by express grant or reservation.

(2) The application must be accompanied by evidence to satisfy the registrar that the easement or profit a prendre is a legal estate which subsists for the benefit of the applicant’s registered estate.

(3) In paragraph (1)(a) 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, but the reference in paragraph (1)(b) to acquisition otherwise than by express grant does include an acquisition as a result of the operation of that section.

(4) The evidence referred to in paragraph (2) may consist of, or include, a statement of truth, which may be made in Form ST4, if appropriate.

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