Legalize / United Kingdom / Statutory-Instrument

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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(3) If an application under rule 147(3) or rule 155(2) has been made to the land registry computer system from a remote terminal by virtue of rule 132(1), the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by a transmission to the remote terminal, whether or not—

(a) in the case of an official search of a registered title, there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), or

(b) in the case of an official search of a legal estate subject to a pending application for first registration, there have been any relevant entries of the kind referred to in paragraph (2).

(4) Under this rule the registrar need not provide the applicant with details of any relevant entries.

158

(1) A mortgagee of land comprised in a registered title that consists of or includes all or part of a dwelling-house may apply for an official search certificate of the result of a search of the relevant individual register for the purpose of section 56(3) of the Family Law Act 1996 .

(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form HR3 .

159

(1) An official search certificate giving the result of a search in respect of an application made under rule 158 may, at the registrar's discretion, be issued in one or both of the following ways—

(a) in paper form, or

(b) under rule 132(2).

(2) Subject to paragraph (3), an official search certificate issued under paragraph (1) must include the information specified in Part 5 of Schedule 6.

(3) If an official search certificate is to be, or has been, issued under paragraph (1)(a), another official search certificate issued under rule 132(2) by virtue of paragraph (1)(b) in respect of the same application need only include the information specified at A, E and F of Part 5 of Schedule 6.

160

If an application has been made under rule 158 the registrar may, at his discretion, during the currency of a relevant notice given under Schedule 2, and in accordance with the limitations contained in that notice, before the official search has been completed, inform the applicant, by any means of communication, whether or not—

(a) a ... home rights notice or matrimonial home rights caution has been entered in the individual register of the relevant registered title, or

(b) there is a pending application for the entry of a ... home rights notice entered on the day list.

161

(1) Subject to paragraphs (2) and (3), an application to register a disposition by operation of law which is a registrable disposition must be accompanied by sufficient evidence of the disposition.

(2) Where a vesting order has been made, it must accompany the application.

(3) Where there is a vesting declaration to which section 40 of the Trustee Act 1925 applies, the application must be accompanied by the deed of appointment or retirement, and—

(a) a certificate from the conveyancer acting for the persons making the appointment or effecting the retirement that they are entitled to do so, or

(b) such other evidence to satisfy the registrar that the persons making the appointment or effecting the retirement are entitled to do so.

162

(1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by—

(a) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Estates Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,

(b) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,

(d) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that the conveyancer holds the original or a certified or office copy of such grant of probate, letters of administration or court order.

(2) The registrar shall not be under a duty to investigate the reasons a transfer of registered land by a personal representative of a deceased sole proprietor or last surviving joint proprietor is made nor to consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representative is acting correctly and within his powers.

163

(1) An application by a personal representative to become registered as proprietor of a registered estate or registered charge—

(a) in place of a deceased sole proprietor or the last surviving joint proprietor, or

(b) jointly with another personal representative who is already so registered, or

must be accompanied by the evidence specified in paragraph (2).

(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is—

(a) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Estates Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the applicant is his personal representative,

(b) the original letters of administration of the deceased proprietor showing the applicant as his personal representative,

(d) (where a conveyancer is acting for the applicant) a certificate given by the conveyancer that he holds the original or an office copy of such grant of probate, letters of administration or court order.

(3) An application under paragraph (1)(c) must be accompanied by evidence to satisfy the registrar that the appointment of the personal representative whom the applicant is replacing has been terminated.

(4) When registering a personal representative of a deceased proprietor, the registrar must add the following after the personal representative's name—

(5) Before registering another personal representative as a result of an application made under paragraph (1)(b) the registrar must serve notice upon the personal representative who is registered as proprietor.

164

An application for alteration of the register by the removal from the register of the name of a deceased joint proprietor of a registered estate or registered charge must be accompanied by evidence of his death.

165

(1) The bankruptcy notice in relation to a registered estate must be entered in the proprietorship register and the bankruptcy notice in relation to a registered charge must be entered in the charges register .

(1A) The bankruptcy notice on registration of a petition in bankruptcy must be in the following form—

(1B) The bankruptcy notice on registration of a bankruptcy application must be in the following form—

“BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy application made by [name of debtor] (reference…..) (Land Charges Reference Number PA…..).”.

(2) The registrar must give notice of the entry of a bankruptcy notice to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act.

166

(1) The bankruptcy restriction in relation to a registered estate must be entered in the proprietorship register and the bankruptcy restriction in relation to a registered charge must be entered in the charges register .

(1A) The bankruptcy restriction on registration of a bankruptcy order made by the court must be in the following form—

BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated.................... referred to above] appears to be affected by a bankruptcy order made by the [name] Court (Court Reference Number....................) against [name of debtor] (Land Charges Reference Number WO....................). [No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].

(1B) The bankruptcy restriction on registration of a bankruptcy order made by the adjudicator must be in the following form—

“BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002 as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated…..referred to above] appears to be affected by a bankruptcy order made by the adjudicator (reference…..) against [name of debtor] (Land Charges Reference Number WO…..).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].”

(2) The registrar must give notice of the entry of a bankruptcy restriction to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

167

(1) Where the registrar is satisfied that—

(a) the bankruptcy order has been annulled, or

(ab) the adjudicator has refused to make a bankruptcy order, or

(b) the bankruptcy petition has been dismissed or withdrawn with the court's permission, or

(c) the bankruptcy proceedings do not affect or have ceased to affect the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered on the register,

he must as soon as practicable cancel any bankruptcy notice or bankruptcy restriction which relates to that bankruptcy order, to that bankruptcy application, to that bankruptcy petition or to those proceedings from the register.

(2) Where it appears to the registrar that there is doubt as to whether the debtor or bankrupt is the same person as the proprietor of the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered, he must as soon as practicable take such action as he considers necessary to resolve the doubt.

(3) In this rule—

“bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act, and

“bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

168

(1) Where—

(a) a proprietor has had a bankruptcy order made against him, or

(b) an insolvency administration order has been made in respect of a deceased proprietor,

and the bankrupt's or deceased's registered estate or registered charge has vested in the trustee in bankruptcy, the trustee may apply for the alteration of the register by registering himself in place of the bankrupt or deceased proprietor.

(2) The application must be supported by, as appropriate—

(a) the bankruptcy order relating to the bankrupt or the insolvency administration order relating to the deceased's estate, and

(b) a certificate signed by the trustee that the registered estate or registered charge is comprised in the bankrupt's estate or deceased's estate, and

(c) where the official receiver is the trustee, a certificate by him to that effect, and, where the trustee is another person, the evidence referred to in paragraph (3).

(3) The evidence referred to at paragraph (2)(c) is—

(a) his certificate of appointment as trustee by the meeting of the bankrupt's or deceased debtor's creditors, or

(b) his certificate of appointment as trustee by the Secretary of State, or

(4) In this rule, “insolvency administration order” has the same meaning as in section 385(1) of the Insolvency Act 1986 .

169

(1) This rule applies where—

(a) a trustee in bankruptcy, who has been registered as proprietor, vacates his office, and

(b) the official receiver or some other person has been appointed the trustee of the relevant bankrupt's estate, and

(2) The application referred to in paragraph (1)(c) must be supported by the evidence required by rule 168(2)(c).

170

Where the official receiver or another trustee in bankruptcy is registered as proprietor, the words “Official Receiver and trustee in bankruptcy of [name]” or “Trustee in bankruptcy of [name]” must be added to the register, as appropriate.

171

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172

(1) For the purposes of section 34(1) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(2) In determining whether a person has a sufficient interest in the making of an entry of a restriction under section 43(1)(c) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(3) In this rule, “a relevant person” means a person (or his assignee or chargee, if appropriate) who is taking any action or proceedings which are within section 87(1)(a) of the Act, or who has obtained a writ or order within section 87(1)(b) of the Act.

173

(1) Where a registered freehold estate in land has determined, the registrar may enter a note of that fact in the property register and in the property register of any inferior affected registered title.

(2) Where the registrar considers that there is doubt as to whether a registered freehold estate in land has determined, the entry under paragraph (1) must be modified by a statement to that effect.

174

(1) Where by virtue of any Act or Measure a transfer to the Church Commissioners has the effect, subject only to being completed by registration, of vesting any registered land either immediately or at a subsequent time in an incumbent or any other ecclesiastical corporation sole, the registrar must register the incumbent or such other ecclesiastical corporation as proprietor upon receipt of—

(a) an application,

(b) the transfer to the Church Commissioners, and

(2) The certificate in Form 4 may be given either in the transfer or in a separate document.

(3) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

175

(1) When any registered land is transferred to or (subject only to completion by registration) vested in the Church Commissioners, any ecclesiastical corporation, aggregate or sole, or any other person, by—

(a) a scheme of the Church Commissioners, or

(b) an instrument taking effect on publication in the London Gazette made pursuant to any Act or Measure relating to or administered by the Church Commissioners, or

the registrar must, on application, register the Church Commissioners, such ecclesiastical corporation or such other person as proprietor.

(2) The application must be accompanied by—

(a) a certificate by the Church Commissioners in Form 5, and

(b) one of the following, as appropriate—

(i) a sealed copy of the scheme of the Church Commissioners,

(ii) a copy of the London Gazette publishing the instrument, or

(iii) the transfer.

(3) The certificate in Form 5 may be given either in the transfer or in a separate document.

(4) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

176

(1) The restriction which the registrar is required by section 37(8) or section 39(1B) of the Charities Act 1993 to enter in the register where one of those subsections applies must be the appropriate restriction.

(2) Any of the following applications must, if they relate to a registered or unregistered estate held by or in trust for a non-exempt charity, be accompanied by an application for entry of the appropriate restriction unless, in the case of a registered estate, that restriction is already in the register—

(a) an application for first registration of an unregistered estate unless the disposition which triggers the requirement of registration is effected by an instrument containing the statement set out in rule 179(b) or rule 180(2)(b) , (c) or (d),

(b) an application to register a transfer of a registered estate unless the disposition is effected by an instrument containing the statement set out in rule 179(b),

(c) an application under rule 161 to register the vesting of a registered estate in a person other than the proprietor of that estate.

(3) Where a registered estate is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees must apply for entry of the appropriate restriction.

(4) In this rule “the appropriate restriction” means a restriction in Form E.

177

In any registrable disposition in favour of charity trustees incorporated under Part VII of the Charities Act 1993 they must be described as “a body corporate under Part VII of the Charities Act 1993” and the application to register the disposition must be accompanied by the certificate granted by the Charity Commissioners under section 50 of that Act.

178

(1) An application to register the official custodian as proprietor of a registered estate or a registered charge must be accompanied by—

(a) an order of the court made under section 21(1) of the Charities Act 1993, or

(b) an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993.

(2) Where the estate or charge is vested in the official custodian by virtue of an order under section 18 of the Charities Act 1993, an application to register him as proprietor (whether under Chapter 1 of Part 2 of the Act or following a registrable disposition) must be accompanied by an application for the entry of a restriction in Form F.

(3) Where the official custodian is registered as proprietor of a registered estate or a registered charge, except where the estate or charge is vested in him by virtue of an order under section 18 of the Charities Act 1993, the address of the charity trustees or, where the registered estate or registered charge is held on behalf of a charity which is a corporation, the address of the charity, must be entered in the register as his address for service under rule 198.

179

The statement required by section 37(5) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to section 36(9) of that Act).”.

180

(1) The statement required by section 122(2) of the Charities Act 2011 must, in an instrument to which section 123(1) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, but this transfer (or as the case may be) is one falling within paragraph (a), (aa), (c) or (d) as the case may be) of section 117(3) of the Charities Act 2011.”

(c) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within paragraph (a), (aa), (c) or (d) of section 117(3) of the Charities Act 2011, but the disposition has been sanctioned by an order of the court or of the Charity Commission.”.

(d) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within paragraph (a), (aa), (c) or (d) of section 117(3) of the Charities Act 2011, but there is power under the trusts of the charity to effect the disposition and sections 117 to 121 of that Act have been complied with.”.

(2) The statement required by section 125(1) of the Charities Act 2011 must, in a mortgage which is a registrable disposition or to which section 4(1)(g) of the Act applies, be in one of the following forms—

(a) “The land charged is held by (or in trust for) (charity), an exempt charity.”

(b) “The land charged is held by (or in trust for) (charity), a non-exempt charity, but this charge (or mortgage) is one falling within section 124(9) of the Charities Act 2011.”

(c) “The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 124(9) of the Charities Act 2011, but the charge (or mortgage) has been sanctioned by an order of the court or of the Charity Commission.”.

(d) “The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 124(9) of the Charities Act 2011, but there is power under the trusts of the charity to grant the charge (ormortgage) and the requirements of section 124(2) of that Act have been complied with.”.

(3) The statement required by section 126(2)(b) of the Charities Act 2011 must be in the following form—

181

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182

(1) Subject to paragraph (2), where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts applies to be registered as proprietor of a registered estate or registered charge, the application must be accompanied by the document creating the trust.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (1) of this rule does not apply in the case of a registered estate or a registered charge held by or in trust for a non-exempt charity.

183

(1) Where a corporation to which this rule applies makes an application to be registered as proprietor of a registered estate or registered charge the application must also be accompanied by evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with, or to lend money on a mortgage or charge of, land.

(2) The evidence must include—

(a) the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, or a certificate given either—

(i) in Form 7 by a qualified lawyer practising in the territory of incorporation of the corporation, where the corporation is incorporated outside the United Kingdom, or

(ii) in Form 8 by the applicant’s conveyancer, in respect of any other corporation to which this rule applies, and

(b) such further evidence as the registrar may require.

(3) This rule applies to any corporation aggregate which is not—

(a) a company incorporated in any part of the United Kingdom under the Companies Acts,

(b) a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002, or

184

(1) Paragraph (2) applies where a company which is the registered proprietor of a registered estate or registered charge enters administration under the Insolvency Act 1986 .

(2) Upon the application of the company's administrator, supported by the order or the notice of appointment, the registrar must make an entry in the individual register of the relevant registered title as to the making of the order or the notice of appointment and the appointment of the administrator.

(3) Paragraphs (4) and (5) apply where a company which is the registered proprietor of a registered estate or registered charge is in liquidation.

(4) Upon the application of the company's liquidator, the registrar must make an entry in the individual register of the relevant registered title as to the appointment of the liquidator.

(5) The application under paragraph (4) must be supported by the order, appointment by the Secretary of State or resolution under which the liquidator was appointed and such other evidence as the registrar may require.

185

Where a corporation shown in an individual register as the proprietor of the registered estate or of a registered charge has been dissolved, the registrar may enter a note of that fact in the proprietorship register or in the charges register, as appropriate.

186

Schedule 7 (which makes provision for the purposes of the Act in relation to the application to registered land of the enactments relating to settlements under the Settled Land Act 1925 ) has effect.

187

(1) Where the application is to be registered as proprietor of a registered rentcharge, the references in rules 188, 188A, 189, 190, 192, 193, 194A, 194B, 194C, 194F, and 194G to Schedule 6 to the Act are to Schedule 6 as applied by rule 191.

(2) In rules 194A, 194B and 194F, “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 period as is reasonable in all the circumstances.

(3) In rules 194A, 194B, 194C, 194F and 194G, “qualified surveyor” means a fellow or professional associate of the Royal Institution of Chartered Surveyors.

188

(1) An application under paragraphs 1 or 6 of Schedule 6 to the Act must be in Form ADV1 and be accompanied by—

(a) a statutory declaration or statement of truth made by the applicant not more than one month before the application is taken to have been made, together with any supporting statutory declarations or statements of truth, to provide evidence of adverse possession of the registered estate in land or rentcharge against which the application is made for a period which if it were to continue from the date of the applicant's statutory declaration or statement of truth to the date of the application would be—

(i) where the application is under paragraph 1, of not less than ten years (or sixty years, if paragraph 13 of Schedule 6 to the Act applies) ending on the date of the application, or

(ii) where the application is under paragraph 6, of not less than two years beginning with the date of rejection of the original application under paragraph 1 and ending on the date of the application,

(b) any additional evidence which the applicant considers necessary to support the claim.

(2) The statutory declaration or statement of truth by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also—

(a) if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified on the Ordnance Survey map, unless that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,

(b) if reliance is placed on paragraph 1(2) of Schedule 6 to the Act, contain the facts relied upon with any appropriate exhibits,

(d) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues,

(e) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(f) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(g) if, should a person given notice under paragraph 2 of Schedule 6 to the Act require the application to be dealt with under paragraph 5 of that Schedule, it is intended to rely on one or more of the conditions set out in paragraph 5 of Schedule 6 to the Act, contain the facts supporting such reliance.

(3) The statutory declaration or statement of truth by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also—

(a) if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified clearly on the Ordnance Survey map, unless the previous rejected application related only to that part, or that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,

(b) contain full details of the previous rejected application,

(c) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(d) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(e) contain confirmation that paragraph 6(2) of Schedule 6 to the Act does not apply, and

(f) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues.

(4) A statement of truth by an applicant under paragraphs 1 or 6 of Schedule 6 to the Act, and any supporting statements of truth, may be made in Form ST1 or Form ST2, as appropriate.

189

The period for the purpose of paragraph 3(2) of Schedule 6 to the Act is the period ending at 12 noon on the sixty-fifth working day after the date of issue of the notice.

190

(1) A notice to the registrar under paragraph 3(2) of Schedule 6 to the Act from a person given a registrar's notice must be—

(a) in Form NAP, and

(b) given to the registrar in the manner and at the address stated in the registrar's notice.

(2) Form NAP must accompany a registrar's notice.

(3) In this rule a “registrar's notice“ is a notice given by the registrar under paragraph 2 of Schedule 6 to the Act.

191

Schedule 6 to the Act applies to the registration of an adverse possessor of a registered rentcharge in the modified form set out in Schedule 8.

192

(1) This rule applies where—

(a) a person is entitled to be registered as proprietor of a registered rentcharge under Schedule 6 to the Act, and

(b) if that person were so registered he would not be subject to a registered charge or registered lease or other interest protected in the register, and

(2) Where paragraph (1) applies the registrar must—

(a) close the whole of the registered title of the registered rentcharge, or

(b) cancel the registered rentcharge, if the registered title to it also comprises other rentcharges.

193

(1) When—

(a) a person has been registered as proprietor of a rentcharge, or

(b) the registered title to a rentcharge has been closed, or

following an application made under Schedule 6 to the Act, and, if appropriate, closure or cancellation under rule 192, no previous registered proprietor of the rentcharge may recover any rent due under the rentcharge from a person who has been in adverse possession of the rentcharge.

(2) Paragraph (1) applies whether the adverse possession arose either as a result of non-payment of the rent or by receipt of the rent from the person liable to pay it.

194

(1) Any person who can satisfy the registrar that he has an interest in a registered estate in land or a registered rentcharge which would be prejudiced by the registration of any other person as proprietor of that estate under Schedule 6 to the Act or as proprietor of a registered rentcharge under that Schedule as applied by rule 191 may apply to be registered as a person to be notified under paragraph 2(1)(d) of Schedule 6.

(2) An application under paragraph (1) must be made in Form ADV2.

(3) The registrar must enter the name of the applicant in the proprietorship register as a person entitled to be notified under paragraph 2 of Schedule 6 to the Act.

195

(1) Subject to paragraph (3), interest is payable in accordance with paragraph (4) on the amount of any indemnity paid under Schedule 8 to the Act—

(a) where paragraph 1(1)(a) of Schedule 8 applies other than in respect of any indemnity on account of costs or expenses, from the date of the rectification to the date of payment,

(b) where any other sub-paragraph of paragraph 1(1) of Schedule 8 applies other than in respect of any indemnity on account of costs or expenses, from the date the loss is suffered by reason of the relevant mistake, loss, destruction or failure to the date of payment,

(c) in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8, from the date when the claimant pays them to the date of payment.

(2) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.

(3) No interest is payable under paragraph (1) for any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.

(4) Simple interest is payable—

(a) where the period specified in paragraph (1) starts on or after 10 November 2008, at one percent above the applicable Bank of England base rate or rates, or

(b) where the period specified in paragraph (1) starts before that date,

(i) for the part of the period before that date, at the applicable rate or rates set for court judgment debts, and

(ii) for the part of the period on or after that date, at one percent above the applicable Bank of England base rate or rates.

(5) In this rule “Bank of England base rate” means—

(a) the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or

(b) where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by the Treasury under that section.

196

(1) The statement required by section 34(10) of the Leasehold Reform, Housing and Urban Development Act 1993 to be contained in a conveyance executed for the purposes of Chapter I of Part I of that Act must be in the following form:

(2) The statement required by section 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 to be contained in any new lease granted under section 56 of that Act must be in the following form:

197

(1) Every notice given by the registrar must—

(a) fix the time within which the recipient is to take any action required by the notice,

(b) state what the consequence will be of a failure to take such action as is required by the notice within the time fixed,

(2) Except where otherwise provided by these rules, the time fixed by the notice will be the period ending at 12 noon on the fifteenth working day after the date of issue of the notice.

198

(1) A person who is (or will as a result of an application be) a person within paragraph (2) must give the registrar an address for service to which all notices and other communications to him by the registrar may be sent, as provided by paragraph (3).

(2) The persons referred to in paragraph (1) are—

(a) the registered proprietor of a registered estate or registered charge,

(b) the registered beneficiary of a unilateral notice,

(d) a person named in—

(i) a standard form of restriction set out in Schedule 4, whose address is required by that restriction, or

(ii) any other restriction, whose consent or certificate is required, or to whom notice is required to be given by the registrar or another person,

except where the registrar is required to enter the restriction without application,

(e) a person entitled to be notified of an application for adverse possession under rule 194,

(f) a person who objects to an application under section 73 of the Act,

(g) a person who gives notice to the registrar under paragraph 3(2) of Schedule 6 to the Act, and

(h) any person who while dealing with the registrar in connection with registered land or a caution against first registration is requested by the registrar to give an address for service.

(3) A person within paragraph (1) must give the registrar an address for service which is a postal address, whether or not in the United Kingdom.

(4) A person within paragraph (1) may give the registrar one or two additional addresses for service, provided that he may not have more than three addresses for service, and the address or addresses must be—

(a) a postal address, whether or not in the United Kingdom, or

(b) subject to paragraph (7), a box number at a United Kingdom document exchange, or

(5) Subject to paragraphs (3) and (4) a person within paragraph (1) may give the registrar a replacement address for service.

(6) A cautioner who is entered in the register of title in respect of a caution against dealings under section 54 of the Land Registration Act 1925 may give the registrar a replacement or additional address for service provided that—

(a) he may not have more than three addresses for service,

(b) one of his addresses for service must be a postal address, whether or not in the United Kingdom, and

(6A) Where a cautioner who is shown in the register of title as having been entered in that register in respect of a caution against dealings under section 54 of the Land Registration Act 1925 has died, his personal representative may apply to the registrar for the entry of a replacement or additional address for service provided that—

(a) there may not be more than three addresses for service,

(b) one of the addresses for service must be a postal address, whether or not in the United Kingdom,

(d) the application must be accompanied by—

(i) the original grant of probate of the deceased proprietor and, where section 7 of the Administration of Justice Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative,

(ii) the original letters of administration of the deceased proprietor showing the transferor as his personal representative,

(iii) a court order appointing the applicant as the deceased’s personal representative, or

(iv) (where a conveyancer is acting for the applicant) a certificate given by a conveyancer that he holds the original or a certified office copy of such grant of probate, letters of administration or court order.

(7) The box number referred to at paragraph (4)(b) must be at a United Kingdom document exchange to which delivery can be made on behalf of the land registry under arrangements already in existence between the land registry and a service provider at the time the box number details are provided to the registrar under this rule.

(8) In this rule an electronic address means—

(a) an e-mail address, or

(b) any other form of electronic address specified in a direction under paragraph (9).

(9) If the registrar is satisfied that a form of electronic address, other than an e-mail address, is a suitable form of address for service he may issue a direction to that effect.

(10) A direction under paragraph (9) may contain such conditions or limitations or both as the registrar considers appropriate.

(11) A person within paragraph (2)(d) shall be treated as having complied with any duty imposed on him under paragraph (1) where rule 92(2)(b) has been complied with.

199

(1) All notices which the registrar is required to give may be served—

(a) by post, to any postal address in the United Kingdom entered in the register as an address for service,

(b) by post, to any postal address outside the United Kingdom entered in the register as an address for service,

(d) by directing the notice to the relevant box number at any document exchange entered in the register as an address for service,

(e) by electronic transmission to the electronic address entered in the register as an address for service, or

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) by any of the methods of service given in sub-paragraphs (a), (b), (c) and (d) to any other address where the registrar believes the addressee is likely to receive it.

(2) In paragraph (1) references to an address or box number “entered in the register as an address for service” include an address for service given under rule 198(2)(h), whether or not it is entered in the register.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Service of a notice which is served in accordance with this rule shall be regarded as having taken place at the time shown in the table below—

Method of service	Time of service
Post to an address in the United Kingdom	The second working day after posting
Leaving at a postal address	The working day after it was left
Post to an address outside the United Kingdom	The seventh working day after posting
Document exchange	On the second working day after it was left at the registrar's document exchange
. . .	. . .
Electronic transmission to an electronic address	The second working day after transmission

(5) 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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

200

(1) The registrar may refer to an appropriate specialist—

(a) the examination of the whole or part of any title lodged with an application for first registration, or

(b) any question or other matter which arises in the course of any proceedings before the registrar and which, in his opinion, requires the advice of an appropriate specialist.

(2) The registrar may act upon the advice or opinion of an appropriate specialist to whom he has referred a matter under paragraph (1).

(3) In this rule, “appropriate specialist” means a person who the registrar considers has the appropriate knowledge, experience and expertise to advise on the matter referred to him.

201

(1) The registrar may only exercise the power conferred on him by section 75(1) of the Act if he receives from a person who is a party to proceedings before him a request that he should require a document holder to produce a document for the purpose of those proceedings.

(2) The request must be made—

(a) in paper form in Form PRD1 delivered to such office of the land registry as the registrar may direct, or

(b) during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, by delivering the request to the registrar, by any means of communication, other than as mentioned in sub-paragraph (a).

(3) The registrar must give notice of the request to the document holder.

(4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).

(5) The notice must give the document holder a period ending at 12 noon on the twentieth working day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(6) The response must—

(a) state whether or not the document holder opposes the request,

(b) if he does, state in full the grounds for that opposition,

(d) be signed by the document holder or his conveyancer.

(7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that—

(a) the document is in the control of the document holder, and

(b) the document may be relevant to the proceedings, and

and he is not aware of any valid ground entitling the document holder to withhold the document.

(8) The registrar may, as a condition of making the requirement, provide that the person who has made the request should pay the reasonable costs incurred in complying with the requirement by the document holder.

(9) In this rule, “document holder” means the person who is alleged to have control of a document which is the subject of a request under paragraph (1).

202

(1) A person who has incurred costs in relation to proceedings before the registrar may request the registrar to make an order requiring a party to those proceedings to pay the whole or part of those costs.

(2) The registrar may only order a party to proceedings before him to pay costs where those costs have been occasioned by the unreasonable conduct of that party in relation to the proceedings.

(3) Subject to paragraph (5), a request for the payment of costs must be made by delivering to the registrar a written statement in paper form by 12 noon on the twentieth working day after the completion of the proceedings to which the request relates.

(4) The statement must—

(a) identify the party against whom the order is sought and include an address where notice may be served on that party,

(b) state in full the grounds for the request,

(d) be signed by the person making the request or his conveyancer.

(5) During the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, a request under this rule may also be made by delivering the written statement to the registrar, by any means of communication, other than as mentioned in paragraph (3).

(6) The registrar must give notice of the request to the party against whom the order is sought at the address provided under paragraph (4)(a) and if that party has an address for service in an individual register that relates to the proceedings, at that address.

(7) An address for a party provided under paragraph (4)(a) is to be regarded for the purpose of rule 199 as if it was an address for service given under rule 198(2)(h).

(8) The notice must give the recipient a period ending at 12 noon on the twentieth working day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

(9) The response must—

(a) state whether or not the recipient opposes the request,

(b) if he does, state in full the grounds for that opposition,

(d) be signed by the recipient or his conveyancer.

(10) The registrar must determine the matter on the basis of: the written request and any response submitted to him, all the circumstances including the conduct of the parties, and the result of any enquiries he considers it necessary to make.

(11) The registrar must send to all parties his written reasons for any order he makes under paragraph (1).

(12) An order under paragraph (1) may—

(a) require a party against whom it is made to pay to the requesting party the whole or such part as the registrar thinks fit of the costs incurred in the proceedings by the requesting party,

(b) specify the sum to be paid or require the costs to be assessed by the court (if not otherwise agreed), and specify the basis of the assessment to be used by the court.

203

(1) The registrar may retain all or any of the documents that accompanied any application.

(2) The registrar may destroy any document retained under paragraph (1) if he is satisfied that either—

(a) he has made and retained a sufficient copy of the document, or

(b) further retention of the document is unnecessary.

204

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

205

The registrar may release any document retained under rule 203(1) ... upon such terms, if any, for its return as he considers appropriate.

206

(1) Subject to paragraph (4) and to rules 207A, 208 and 209, the Schedule 1 forms must be used where required by these rules and must be prepared in accordance with the requirements of rules 210 and 211.

(2) Subject to paragraph (4) and to rules 208 and 209, except where these rules require the use of a Schedule 1 form, the Schedule 3 forms must be used in all matters to which they refer, or are capable of being applied or adapted, with such alterations and additions as are desired and the registrar allows.

(3) Subject to rule 208(2), the forms of execution in Schedule 9 must be used in the execution of dispositions in the scheduled forms in the cases for which they are provided, or are capable of being applied or adapted, with such alterations and additions, if any, as the registrar may allow.

(4) A requirement in these rules to use a scheduled form is subject, where appropriate, to the provisions in these rules relating to the making of applications and issuing results of applications other than in paper form, during the currency of a notice given under Schedule 2 , or given under rule 54C.

207

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

208

(1) Where the registrar, in exercise of his powers under section 100(4) of the Act, publishes an instrument as the Welsh language version of a scheduled form, the instrument shall be regarded as being in the scheduled form.

(2) In place of the form of execution provided by Schedule 9, an instrument referred to in paragraph (1) may be executed using a form of execution approved by the registrar as the Welsh language version of the Schedule 9 form.

(3) An instrument containing a statement approved by the registrar as the Welsh language version of a statement prescribed by these rules shall be regarded as containing the prescribed statement.

(4) An instrument containing a provision approved by the registrar as the Welsh language version of a provision prescribed by these rules shall be regarded as containing the prescribed provision.

209

(1) This rule applies where—

(a) an application should be accompanied by a scheduled form and a person wishes to make an application relying instead upon an alternative document that is not the relevant scheduled form, and

(b) it is not possible for that person to obtain and lodge the relevant scheduled form (duly executed, if appropriate) at the land registry or it is only possible to do so at unreasonable expense.

(2) Such a person may make a request to the registrar, either before or at the time of making the application which should be accompanied by the relevant scheduled form, that he be permitted to rely upon the alternative document.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b) and include the original, or, if the request is made before the application, a copy, of the alternative document.

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by allowing the alternative document to be relied upon instead of the relevant scheduled form, he may permit such reliance.

(5) If the registrar allows the request it may be on condition that the person making the request provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar's powers under the Act.

210

(1) Subject to rule 211, any application or document in one of the Schedule 1 forms must—

(a) be printed on durable A4 size paper,

(b) subject to rule 215A(4) and (5), be reproduced as set out in the Schedule as to its wording, layout, ruling, font and point size, and

(2) Where on a Schedule 1 form (other than Form DL) any panel is insufficient in size to contain the required insertions, and the method of production of the form does not allow the depth of the panel to be increased, the information to be inserted in the panel must be continued on a continuation sheet in Form CS.

(3) When completing a Schedule 1 form containing an additional provisions panel, any statement, certificate or application required or permitted by these rules to be included in the form for which the form does not otherwise provide and any additional provisions desired by the parties must be inserted in that panel or a continuation of it.

(4) Where the form consists of more than one sheet of paper, or refers to an attached plan or a continuation sheet, all the sheets and any plan must be securely fastened together.

211

... Where the method of production of a Schedule 1 form permits—

(a) the depth of a panel may be increased or reduced to fit the material to be comprised in it, and a panel may be divided at a page break,

(b) the text outside the panels of a Schedule 1 form, other than—

(i) the name and description of the form at the top of the first page, and

(ii) any text after the final panel,

may be omitted,

(d) the plural may be used instead of the singular and the singular instead of the plural,

(e) panels which would contain only the panel number and the panel heading may be omitted, but such omission must not affect the numbering of subsequent panels,

(f) “X” boxes may be omitted where all inapplicable statements and certificates have been omitted,

(g) the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted,

(h) “Seller” may be substituted for “Transferor” and “Buyer” for “Transferee” in a transfer on sale,

(i) the vertical lines which define the left and right boundaries of the panel may be omitted.

212

(1) Documents for which no form is prescribed must be in such form as the registrar may direct or allow.

(2) A document prepared under this rule must not bear the number of a Schedule 1 form.

(3) A document affecting a registered title must refer to the title number.

213

(1) Subject to paragraphs (4) and (5) of this rule, a document lodged at the land registry dealing with part of the land in a registered title must have attached to it a plan identifying clearly the land dealt with.

(2) Where the document is a disposition, the disponor must sign the plan.

(3) Where the document is an application, the applicant must sign the plan.

(4) If the land dealt with is identified clearly on the title plan of the registered title, it may instead be described by reference to that title plan.

(5) Where a disposition complies with this rule, the application lodged in respect of it need not.

214

(1) Subject to paragraphs (2), (3) and (4), where a rule requires that an application be accompanied by an original document (for instance, a grant of representation) the applicant may, instead of lodging the original, lodge a certified or office copy of that document.

(2) This rule does not apply to—

(a) any document required to be lodged under Part 4,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This rule does not apply ... where the registrar considers that the circumstances are such that the original of a document should be lodged and the applicant has possession, or the right to possession, of that original document.

(4) Where this rule permits a certified or office copy of a document to be lodged the registrar may permit an uncertified copy of the document to be lodged instead.

215

(1) This rule applies where—

(a) the lodging of a document (not being a scheduled form) or other evidence in support of an application is required by these rules, and

(b) the document or other evidence is in the particular case unnecessary or the purpose of the lodging of the document or other evidence can be achieved by another document or other evidence.

(2) An applicant may request the registrar to be relieved of the requirement.

(3) The request must contain evidence to satisfy the registrar as mentioned in paragraph (1)(b).

(4) If, after considering the request, the registrar is satisfied as mentioned at paragraph (1)(b) and that neither the rights of any person nor the keeping of the register are likely to be materially prejudiced by relieving the applicant of the requirement, he may so relieve the applicant.

(5) If the registrar allows the request it may be on condition that the applicant provides other documents or evidence in support of the application.

(6) This rule is without prejudice to any of the registrar's powers under the Act.

216

(1) Subject to paragraph (2), the land registry shall be open for business daily except on—

(a) Saturdays, Sundays, Christmas Day and Good Friday, or

(b) any other day—

(i) specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971,

(ii) appointed by the Secretary of State, or

(iii) certified as an interrupted business day under rule 216A(1).

(2) If the registrar is satisfied that adequate arrangements have been made or will be in place for opening the land registry for business on any or all of the days referred to in sub-paragraphs (a) and (b) of paragraph (1), he may, in such manner as he considers appropriate, give notice to that effect.

(3) On and after the date specified in any notice given pursuant to paragraph (2), paragraph (1) shall have effect as though the relevant day or days referred to in sub-paragraphs (a) or (b), as specified in the notice, had been omitted.

(4) The date specified in any notice referred to in paragraph (3) must be at least eight weeks after the date of the notice.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The registrar may make such arrangements as he sees fit for personal attendance by members of the public for the purpose of land registry business on any business day or days, and such attendance may be—

(a) by appointment only,

(b) limited to specified times,

(d) limited to specified services,

and the registrar shall in such manner as he considers appropriate give notice to that effect.

217

(1) In these rules—

“the Act” means the Land Registration Act 2002 ,

“adjudicator” means an adjudicator appointed by the Secretary of State under section 398A (appointment etc of adjudicators and assistants) of the Insolvency Act 1986,

“affecting franchise” means a franchise which relates to a defined area of land and is an adverse right affecting, or capable of affecting, the title to an estate or charge,

“business day” means a day when the land registry is open for business under rule 216,

“caution plan” has the meaning given by rule 41(4),

“caution title number” has the meaning given by rule 41(1),

“certified copy” means a copy of a document which a conveyancer, or such other person as the registrar may permit, has certified on its face to be a true copy of the original and endorsed with his name and address, and the reference to a conveyancer includes where the document is one referred to in—rule 168(2)(a) or 168(3), the bankrupt's trustee in bankruptcy or the official receiver,rule 184(2), the company's administrator,rule 184(5), the company's liquidator,

“charges register” is the register so named in rule 4 the contents of which are described in rule 9,

“charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 respectively,

“Companies Acts” means—the Companies Act 2006 and any Act amending or replacing that Act,the provisions of the Companies Act 1985, the Companies Consolidation (Consequential Provisions) Act 1985, Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 and the Companies (N.I.) Order 1986 that remain in force, andany former enactment relating to companies,

“control” in relation to a document of which a person has control means physical possession, or the right to possession, or right to take copies of the document,

“conveyancer” has the meaning given by rule 217A,

“day list” has the same meaning given by rule 12,

...

“exempt charity” has the same meaning as in section 96 of the Charities Act 1993 and “non-exempt charity” means a charity which is not an exempt charity,

“home rights notice” means a notice registered under section 31(10)(a) or section 32 of, and paragraph 4(3)(a) or 4(3)(b) of Schedule 4 to, the Family Law Act 1996, or section 2(8) or section 5(3)(b) of the Matrimonial Homes Act 1983, or section 2(7) or section 5(3)(b) of the Matrimonial Homes Act 1967,

“index map” has the meaning given by rule 10(1)(a),

“index of proprietors' names” has the meaning given by rule 11(1),

“index of relating franchises and manors” is the index described in rule 10(1)(b),

“individual caution register” is the register so named in rule 41(1) the arrangement of which is described in rule 41(2),

“individual register” is the register so named in rule 2 the contents and arrangement of which are described in rules 3 and 4,

“inheritance tax notice” means a notice in respect of an Inland Revenue charge arising under Part III of the Finance Act 1975 or section 237 of the Inheritance Tax Act 1984 ,

“matrimonial home rights caution” means a caution registered under the Matrimonial Homes Act 1967 before 14 February 1983,

“official custodian” means the official custodian for charities,

“old tenancy” means a tenancy as defined in section 28 of the Landlord and Tenant (Covenants) Act 1995 which is not a new tenancy as defined in section 1 of that Act,

“overseas company” means a company incorporated outside the United Kingdom,

“property register” is the register so named in rule 4 the contents of which are described in rules 5, 6 and 7,

“proprietorship register” is the register so named in rule 4 the contents of which are described in rule 8,

“registered title” means an individual register and any title plan referred to in that register,

“relating franchise” means a franchise which is not an affecting franchise,

“Schedule 1 form” means a form in Schedule 1,

“Schedule 3 form” means a form in Schedule 3,

“scheduled form” means a Schedule 1 form or a Schedule 3 form,

“section 33(5) order” means an order made under section 33(5) of the Family Law Act 1996,

“statement of truth” has the meaning given by rule 215A,

“statutory declaration” includes affidavit,

“title number” has the meaning given by rule 4,

“title plan” has the meaning given by rule 5,

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

“trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993,

“unregistered company” means a body corporate to which section 718(1) of the Companies Act 1985 applies,

“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 1971 or appointed by the Secretary of State or, subject to rule 216A(5), certified as an interrupted working day under rule 216A(1).

(2) Subject to paragraph (3), a reference in these rules to a form by letter, or by number, or by a combination of both is to a scheduled form.

(3) A reference in these rules to Forms A to Y and Forms AA to SS (in each case inclusive) is to the standard form of restriction bearing that letter in Schedule 4.

218

In this Part—

“the 1925 Act” means the Land Registration Act 1925 ,

“caution” means a caution entered in the register of title under section 54 of the 1925 Act,

“cautioner” includes his personal representative,

“the notice period” is the period ending at 12 noon on the fifteenth working day, or ending at 12 noon on such later working day as the registrar may allow, after the date of issue of the notice.

219

Any consent given under section 55 or 56 of the 1925 Act must be in writing signed by the person giving it or his conveyancer.

220

(1) Rule 199 applies to the method of service of a notice under section 55(1) of the 1925 Act and under rule 223(3).

(2) The notice period applies to a notice served under section 55(1) of the 1925 Act and to one served under rule 223(3).

221

(1) This rule applies where notice is served under section 55(1) of the 1925 Act or rule 223(3).

(2) At any time before expiry of the notice period, the cautioner may show cause why the registrar should not give effect to the application that resulted in the notice being served.

(3) To show cause, the cautioner must—

(a) deliver to the registrar, in the manner and to the address stated in the notice, a written statement signed by the cautioner or his conveyancer setting out the grounds relied upon, and

(b) show that he has a fairly arguable case for the registrar not to give effect to the application that resulted in the notice being served.

(4) If, after reading the written statement, and after making any enquiries he thinks necessary, the registrar is satisfied that cause has been shown, he must order that the caution is to continue until withdrawn or otherwise disposed of under these rules or the Act.

(5) Where the registrar makes an order under paragraph (4)—

(a) the registrar must give notice to the applicant and the cautioner that he has made the order and of the effect of sub-paragraph (b),

(b) the cautioner is to be treated as having objected under section 73 of the Act to the application that resulted in notice being served, and

(c) the notice given by the registrar under sub-paragraph (a) to the applicant is to be treated as notice given under section 73(5)(a) of the Act.

(6) If after service of the notice under section 55(1) of the 1925 Act or rule 223(3) the application that resulted in the notice being served is cancelled, withdrawn or otherwise does not proceed, the registrar must make an order that the caution will continue to have effect, unless he has already done so or the caution has been cancelled.

222

(1) The cautioner may at any time apply to withdraw his caution in Form WCT.

(2) The form must be signed by the cautioner or his conveyancer.

223

(1) A person may apply to the registrar for the cancellation of a caution if he is—

(a) the proprietor of the registered estate or a registered charge to which the caution relates, or

(b) a person who is, or but for the existence of the caution would be, entitled to be registered as the proprietor of that estate or charge.

(2) An application for the cancellation of a caution must be in Form CCD.

(3) Where application is made under this rule, the registrar must give the cautioner notice of the application.

(4) Following the expiry of the notice period, unless the registrar makes an order under rule 221(4), the registrar must cancel the entry of the caution.

224

Where a rentcharge is held in trust under section 75(1) of the Land Registration Act 1925 immediately before the coming into force of section 97 of the Act, the beneficiary of the trust may apply—

(a) to be registered as proprietor of the rentcharge, or

(b) for the registration of the rentcharge to be cancelled.

Form A (Restriction on dispositions by sole proprietor)

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

Form B (Dispositions by trustees—certificate required)

No disposition [or specify details] by the proprietors of the registered estate is to be registered unless they make a statutory declaration, or their conveyancer gives a certificate, that the disposition [or specify details] is in accordance with [specify the disposition creating the trust] or some variation thereof referred to in the declaration or certificate.

Form C (Dispositions by personal representatives—certificate required)

No disposition by [name], the [executor or administrator] of [name] deceased, other than a transfer as personal representative, is to be registered unless he makes a statutory declaration, or his conveyancer gives a certificate, that the disposition is in accordance with the terms [of the will of the deceased or the law relating to intestacy as varied by a deed dated specify details of deed or specify appropriate details] or [some variation or further variation] thereof referred to in the declaration or certificate, or is necessary for the purposes of administration.

Form D (Parsonage, church or churchyard land)

No disposition of the registered estate is to be registered unless made in accordance with [the Parsonages Measure 1938 (in the case of parsonage land) or the New Parishes Measure 1943 (in the case of church or churchyard land)] or some other Measure or authority.

Form E (Non-exempt charity—certificate required)

No disposition by the proprietor of the registered estate to which section 36 or section 38 of the Charities Act 1993 applies is to be registered unless the instrument contains a certificate complying with section 37(2) or section 39(2) of that Act as appropriate.

Form F (Land vested in official custodian on trust for non-exempt charity—authority required)

No disposition executed by the trustees of [charity] in the name and on behalf of the proprietor shall be registered unless the transaction is authorised by an order of the court or of the Charity Commissioners, as required by section 22(3) of the Charities Act 1993.

Form G (Tenant for life as registered proprietor of settled land, where there are trustees of the settlement)

No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and no disposition under which capital money arises is to be registered unless the money is paid to (name) of (address) and (name) of (address), (the trustees of the settlement, who may be a sole trust corporation or, if individuals, must number at least two but not more than four) or into court.

Note—If applicable under the terms of the settlement, a further provision may be added that no transfer of the mansion house (shown on an attached plan or otherwise adequately described to enable it to be fully identified on the Ordnance Survey map or title plan) is to be registered without the consent of the named trustees or an order of the court.

Form H (Statutory owners as trustees of the settlement and registered proprietors of settled land)

No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and, except where the sole proprietor is a trust corporation, no disposition under which capital money arises is to be registered unless the money is paid to at least two proprietors.

Note—This restriction does not apply where the statutory owners are not the trustees of the settlement.

Form I (Tenant for life as registered proprietor of settled land—no trustees of the settlement)

No disposition under which capital money arises, or which is not authorised by the Settled Land Act 1925 or by any extension of those statutory powers in the settlement, is to be registered.

Form J (Trustee in bankruptcy and beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of trustee in bankruptcy] (the trustee in bankruptcy of [name of bankrupt person]) at [address for service].

Form K (Charging order affecting beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference....................).

Form L (Disposition by registered proprietor of a registered estate or proprietor of charge—certificate required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge,] is to be registered without a certificate

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]]

that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

Form M (Disposition by registered proprietor of registered estate or proprietor of charge—certificate of registered proprietor of specified title number required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number [title number] [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor's behalf by [its secretary or conveyancer or specify appropriate details], that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

[signed by [name] of [address] [or [his conveyancer] or specify appropriate details]]

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]].

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the estate registered under title number [title number], [(or his conveyancer, or specify appropriate details)] or, if appropriate, signed on such proprietor's behalf by [its secretary or conveyancer or specify appropriate details].

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the charge dated [date] in favour of [chargee] referred to in the charges register [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor's behalf by [its secretary or conveyancer or specify appropriate details].

No disposition [or specify details] of [the registered estate or the registered charge dated [date] (referred to above)] by the proprietor [of the registered estate or of that registered charge] is to be registered after the death of [name of the current proprietor(s) whose personal representative's consent will be required] without the written consent of the personal representatives of the deceased.

Form R (Disposition by registered proprietor of registered estate or proprietor of charge—evidence of compliance with club rules required)

No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered unless authorised by the rules of the [name of club] of [address] as evidenced [by a resolution of its members or by a certificate signed by its secretary or conveyancer [or specify appropriate details]].

Form S (Disposition by proprietor of charge—certificate of compliance required)

No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a certificate

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details],

that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a written consent

[signed by [name] of [address] [or [his conveyancer] or specify appropriate details]]

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details].

Form U (Section 37 of the Housing Act 1985)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority] is given that the transfer or lease is made in accordance with section 37 of the Housing Act 1985.

Form V (Section 157 of the Housing Act 1985)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority or housing association etc] is given that the transfer or lease is made in accordance with section 157 of the Housing Act 1985.

Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)

No disposition (except a transfer) of a qualifying dwellinghouse (except to a qualifying person or persons) is to be registered without the consent of the Secretary of State given under section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.

Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)

No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of the Secretary of State to that disposition under the provisions of (as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989]).

Form Y (Section 13 of the Housing Act 1996)

No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant registered social landlord] is given that the transfer or lease is made in accordance with section 13 of the Housing Act 1996.

Form AA (freezing order on the registered estate)

Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered except under a further order of the Court.

Form BB (freezing order on charge)

Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the charge is to be registered except under a further order of the Court.

Form CC (application for freezing order on the registered estate)

Pursuant to an application made on (date) to the (name of court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered estate is to be registered except with the consent of (name of the person applying) of (address) or under a further order of the Court.

Form DD (application for freezing order on charge)

Pursuant to an application made on (date) to the (name of the court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered except with the consent of (name of the person applying) of (address) or under a further order of the Court.

Form EE (restraint order or interim receiving order on the registered estate)

Under (as appropriate [a restraint order] or [an interim receiving order]) made under (statutory provision) on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered without the consent of (name of prosecutor or other appropriate person) of (address) or under a further order of the Court.

Form FF (restraint order or interim receiving order on charge)

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