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The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], in exercise of the powers conferred on him by sections 18, 21, 41, 48, 54, 64, 86, 87 and 144 of that Act, hereby makes the following rules: Citation, commencement and interpretation 1. - (1) These rules may be cited as the Land Registration Rules 1999 and shall come into force on 1st July 1999. (2) In these rules-
(b) a rule referred to by number means the rule so numbered in the principal rules.
Amendments to the principal rules 1. For rule 56 substitute-
56. An application for registration of settled land shall be accompanied by an application for the proper restriction."
2.
In rule 68, for "Form 16" substitute "Form WCT".
(b) a transfer, assent or sub-charge of a registered charge."
4.
For rule 98 substitute-
98. A transfer of the land in one or more registered titles shall be in Form TP1, TP2, TP3, TR1, TR2 or TR5 as the case may require."
5.
For rule 99 substitute-
99. - (1) A transfer of land into settlement shall include the following provisions, with any necessary alterations and additions:
(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: (set out additional powers).
or if the tenant for life is a minor and the transferees are the statutory owners:
(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 registration of a transfer of land into settlement shall be accompanied by an application for the proper restriction.
6.
For rule 101 substitute-
101. - (1) Where registered land is acquired with capital money the transfer shall be in one of the forms prescribed by rule 98 and shall include the following provisions, with any necessary alterations and additions:
(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 a transfer of land acquired with capital money shall be accompanied by an application for the proper restriction."
7.
For rule 107 substitute-
107. On a transfer of land in consideration or partly in consideration of a rent, the rent shall be entered in the Charges Register as an incumbrance."
8.
Omit rule 109(2).
(b) with certain specified mines and minerals, or (c) with the mines and minerals, except certain specified mines and minerals."
10.
For rule 112(1) substitute-
(b) certain specified mines and minerals, or (c) the mines and minerals, but excepting certain specified mines and minerals."
11.
For rule 116(1) substitute-
12.
In rule 136-
(b) in paragraph (2) omit "Where the transfer is in Form TR1".
13.
For rule 151 substitute-
151. - (1) A discharge of a registered charge shall be in Form DS1. (2) A release of part of the land from a registered charge shall be in Form DS3. (3) Any such discharge or release shall be executed as a deed or authenticated in such other manner as the Registrar may approve. (4) The Registrar shall be entitled to accept and act upon any other proof of satisfaction of a charge that he may deem sufficient. (5) An application to register a discharge in Form DS1 shall be made on Form AP1 or Form DS2 and an application to register a release in Form DS3 shall be made on Form AP1."
14.
For rule 153 substitute-
153. A transfer of a registered charge shall be in Form TR3 or TR4 as the case may require."
15.
In rule 170-
(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)."
(3A) An application for registration of a vesting assent shall be accompanied by an application for the proper restriction."
16.
In rule 186(3), after "except where the application is made by the proprietor" insert "or where the lease is binding on the proprietor".
201. - (1) In this rule, "noted incumbrance" means a lease, rentcharge, easement, right or other interest which has not been registered under the Act, but which has been noted on the register as an incumbrance. (2) The determination of a noted incumbrance may be notified on the register on application. (3) The application shall be accompanied by the document (if any) creating the noted incumbrance, together with a sufficient release or discharge executed by the person named in that document as having the benefit of the noted incumbrance. (4) If there has been a dealing with or transmission of the noted incumbrance the application shall also be accompanied by sufficient evidence of the applicant's title, as in cases of examination of title on first registration. (5) If the noted incumbrance is a lease or rentcharge, the application shall be made on Form CN1. (6) In the case of a rentcharge determined by merger or release or a lease determined by merger, surrender or disclaimer the application shall be accompanied by a list in duplicate in Form DL of all documents delivered."
18.
In rule 215-
(b) at the end of paragraph (2) add "and the declaration in support of the caution shall be in Form 14 or to the like effect, and shall contain a reference to the land to which it relates, and to the title number, and shall also state the nature of the cautioner's interest in the land." (c) omit paragraph (4).
19.
Omit rule 218(3).
266. - (1) A new land or charge certificate may be issued, without the production of the original certificate, in any of the cases mentioned in section 64(4) of the Act. (2) Before a new certificate is issued, the Registrar may give such notices and make such enquiries as he deems necessary in the circumstances. Deposit of documents 266A. Form DP1 shall accompany a document placed on deposit at the Registry."
22.
At the end of rule 308A, add-
(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."
Form AP1 - Page 2 of 2 Form AS3 - Page 1 of 4 Form AS3 - Page 2 of 4 Form AS3 - Page 3 of 4 Form AS3 - Page 4 of 4 Form CN1 - Page 1 of 2 Form CN1 - Page 2 of 2 Form CT2 - Page 1 of 2 Form CT2 - Page 2 of 2 Form DL - Page 1 of 2 Form DL - Page 2 of 2 Form DP1 Form DS3 Form TP1 - Page 1 of 4 Form TP1 - Page 2 of 4 Form TP1 - Page 3 of 4 Form TP1 - Page 4 of 4 Form TP2 - Page 1 of 4 Form TP2 - Page 2 of 4 Form TP2 - Page 3 of 4 Form TP2 - Page 4 of 4 Form TP3 - Page 1 of 2 Form TP3 - Page 2 of 2 Form TR5 - Page 1 of 2 Form TR5 - Page 2 of 2 Form WCT 1. In Form 23-
(b) for "(Heading as in Form 20)" substitute-
Administrative area Title No. Property Date ";
(d) for "(b) and (c) As in Form 21" substitute-
(c) The following powers relating to land are expressly conferred by the said trust deed in extension of those conferred by the Settled Land Act 1925 (fill in the powers, if any)."
(e) for "And I apply (&c., as in Form 21)" substitute-
Note. - These restrictions should correspond to those set out in Form 9 above.
2.
In Forms 51, 52, 58, 59, 69, 75, 76, 77 and 113, for "Form 20" substitute "Form 23". (This note is not part of the rules) These rules amend the Land Registration Rules 1925 so as to:
(b) make provision for new forms of application to cancel notice of an unregistered lease or rentcharge, to register a caution against dealings with a registered title, to withdraw a caution and to place documents on deposit; (c) make associated amendments to certain existing prescribed forms.
The rules also effect certain clarifications and minor improvements to the 1925 Rules. Notes: [1] 1925 c. 21; section 144(1) was amended by the Administration of Justice Act 1982 (c. 53), section 67(1) and Schedule 5, paragraph (d). The reference to the Ministry of Agriculture, Fisheries and Food was substituted by the Transfer of Functions (Ministry of Food) Order 1955 (S.I. 1955/554).back [2] S.R. & O. 1925/1093; relevant amending or revoking instruments are S.I. 1995/3153, 1996/2975, 1997/3037.back
ISBN 0 11 080498 8
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