Office of Public Sector Information
Rule 4(1)
1. In rule 5—
(a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”,
(b) for paragraph (b)(ii) substitute—
“(ii) easements, rights and privileges benefiting the registered estate and other similar matters,”,
(c) in paragraph (b)(iii), after “exceptions” insert “or reservations”, and
(d) in paragraph (b)(iv), omit “other” where it first appears and after “matter” insert “otherwise”.
2. In rule 6(2), for the words from “all” to “registration” substitute “the lease prohibits or restricts dispositions of the estate”.
3. At the beginning of rule 7, for “The” substitute “Where practicable, the”.
4. In rule 8—
(a) omit paragraph (1)(i), and
(b) for rule 8(2) substitute—
“(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
(c) on a subsequent change of proprietor of a registered estate,
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.”.
5. In rule 9—
(a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”,
(b) in paragraph (g), omit “and”,
(c) in paragraph (h), for the full stop substitute “, and”, and
(d) after paragraph (h), add—
“(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.”.
6. For rule 11(3) substitute—
“(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).”.
7. In rule 19(2)(c), for “to which communications may be sent” substitute “for service in accordance with rule 198”.
8.—(1) In the heading to rule 27, after “application” insert “based on adverse possession or” and after “are” insert “otherwise”.
(2) Rule 27 is renumbered as paragraph (1) of that rule.
(3) After paragraph (1) as so renumbered, add—
“(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.”.
9. In rule 33, after paragraph (2) add—
“(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.”.
10. For rule 37(1) and (2) substitute—
“(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,
(c) the registrar is satisfied that a particular registered estate is the reversion, and
(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.”.
11. For rule 49 substitute—
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.”.
12. In rule 51(1), for “show him as” substitute “substitute him for the” and omit “in place of the cautioner”.
13. For rule 52 substitute—
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.”.
14. In rule 54—
(a) for paragraph (6) substitute—
“(6) Without prejudice to the power of the registrar to cancel an application under rule 16, the outline application must be cancelled by the registrar unless there are delivered together at the appropriate office before the expiry of the reserved period—
(a) the application form prescribed by these rules for the application, the particulars of which have been given in the outline application, duly completed, and
(b) the appropriate documents.”,
(b) in paragraph (7), before “form” where it first appears insert “application” and after “(6)” insert “(a)”, and
(c) for paragraph (8) substitute—
“(8) In this rule the “appropriate office” is—
(a) the proper office, designated under an order under section 100(3) of the Act, for the receipt of an application relating to the land in respect of which the outline application is made, but on the assumption that if the order contains exceptions none of the exceptions apply to the application, or
(b) the office specified in a written arrangement made between the registrar and the applicant or between the registrar and the applicant’s conveyancer for the delivery of applications of the nature particularised in the outline application.”.
15. In rule 58, omit “TP3,”.
16. In rule 62(2), after “statutory declaration” insert “or statement of truth”.
17. In rule 63(2), after “statutory declaration” insert “or statement of truth”.
18. In rule 67(6), for the words “the covenant implied under section 4” substitute “a covenant implied under section 4(1)(b)”.
19. For rule 68 substitute—
68. 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(8) must do so by express reference to that section.”.
20. For rule 70 substitute—
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.”.
21. For rule 71 substitute—
71.—(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.”.
22. For rule 72 substitute—
72.—(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.”.
23. After rule 72A, insert—
72B. On completion of a lease within section 27(2)(b) or (c) of the Act by registration, the registrar must enter a notice or make another entry, as appropriate, in the individual register of the registered lease in respect of any interest which—
(a) at the time of registration, is the subject of a notice in the individual register of the registered estate out of which the lease is granted, and
(b) the registrar considers may affect the registered lease.
72C.—(1) This rule applies to dispositions of registered estates within section 27(2) of the Act, to which rules 72 and 72A do not apply.
(2) Subject to paragraph (3), on registration of a disposition within paragraph (1), 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 disposition which are capable of being entered in an individual register.
(3) The registrar need make no entries in individual registers under paragraph (2) where the title numbers of those registers have not been given in panel 2 of the Form AP1 lodged for the purpose of registering the disposition, unless separate application is made in respect of the rights, restrictive covenants, provisions or other matters.
(4) 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 disposition within paragraph (1).”.
24. For rules 73, 74 and 75 substitute—
73A.—(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.
(5) Where the registrar is not satisfied that the right claimed is a legal estate which subsists for the benefit of the applicant’s registered estate, the registrar may enter details of the right claimed in the property register with such qualification as he considers appropriate.”.
25. For rule 77 substitute—
77.—(1) This rule applies to a right of entry created in a grant of a term of years absolute, the right being exercisable over or in respect of that term of years.
(2) Where the grant is completed by registration, the disposition which consists of the creation of the right of entry is also completed by registration, without any specific entry relating to it being made in the register.”.
26. Rule 78 is revoked.
27. In Part 6, after rule 79 insert—
79A.—(1) This rule applies where a RTM company applies for an entry to be made in an individual register of a registered estate to the effect that the RTM company has acquired the right to manage.
(2) An application for such an entry must be accompanied by evidence to satisfy the registrar that—
(a) the applicant is a RTM company,
(b) the right to manage is in relation to premises comprised in the registered estate,
(c) the registered proprietor of the registered estate is the landlord under a lease of the whole or part of the premises, and
(d) the right to manage the premises has been acquired, and remains exercisable, by the RTM company.
(3) If the registrar is so satisfied, he must make an appropriate entry in the proprietorship register of the registered estate.
(4) In this rule, “right to manage” and “RTM company” have the same meanings as in sections 71 and 73 of the Commonhold and Leasehold Reform Act 2002(9).”
28. In rule 86, after paragraph (7) add—
“(8) Where there are two or more persons—
(a) shown in the register as the beneficiary of the notice, or
(b) to whom paragraph (7) applies,
each such person is a beneficiary of the notice for the purpose of section 36(3) of the Act.”.
29. In rule 87, after paragraph (3) add—
“(4) If the registrar is not satisfied that the interest protected by the notice has come to an end, he may enter in the register details of the circumstances in which the applicant claims the interest has determined.”.
30. After rule 87, insert—
87A. An application for the cancellation of a home rights notice must be made in Form HR4.” .
31. In rule 91A—
(a) in paragraph (1), for “where” where it first appears substitute “if”,
(b) in paragraph (2), for “pursuant to” substitute “under”,
(c) in paragraph (3), omit “only”,
(d) for paragraph (4) substitute—
“(4) A restriction in Form L, N, S, T, II, NN or OO may commence with—
(a) the words “Until the death of [name]”,
(b) the words “Until the death of the survivor of [names of two or more persons]”, or
(c) the word “Until” followed by a calendar date.”, and
(e) after paragraph (4), add—
“(5) A restriction in Form M, O, P or PP may commence with the word “Until” followed by a calendar date.
(6) Where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words “in favour of” followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.
(7) Where in a standard form of restriction the word “they” or “their” refers to a person named in the restriction, it may be replaced as appropriate by the word “he”, “she”, “it”, “his”, “her” or “its”.
(8) Where a standard form of restriction permits a type of disposition to be specified in place of the word “disposition”, the types of disposition that may be specified are “transfer”, “lease”, “charge” or “sub-charge”, or any appropriate combination of those types.”.
32. After rule 91A, insert—
91B.—(1) Subject to paragraphs (2), (3) and (4), where a certificate or written consent required by the terms of a restriction is given by a corporation aggregate, it must be signed on its behalf by—
(a) its clerk, secretary or other permanent officer,
(b) a member of its board of directors, council or other governing body,
(c) its conveyancer, or
(d) its duly authorised employee or agent.
(2) This rule does not apply where the certificate or written consent is given in a deed executed by the company or in a document to which section 91 of the Act applies.
(3) Paragraph (1) does not apply if a contrary intention appears in the restriction, except where paragraph (4) applies.
(4) Where a restriction requires a certificate or consent to be signed on behalf of a corporation aggregate by its secretary (whether or not it also permits signature by its conveyancer), and the corporation has no secretary, the certificate or consent must be signed on its behalf by a person specified in paragraph (1).
(5) A document signed on behalf of a corporation in accordance with this rule must state the full name of the signatory and the capacity in which the signatory signs.”.
33. In rule 92—
(a) for paragraph (3) substitute—
“(3) The statement required under paragraph (2)(e) must—
(a) give details of the nature of the applicant’s interest in the making of the entry of the required restriction, and
(b) give details of how the applicant’s interest arose.”, and
(b) for paragraph (7) substitute—
“(7) Paragraph (1) of this rule does not apply where a person applies for the entry of a standard form of restriction—
(a) in the additional provisions panel of Form TP1, TP2, TR1, TR2, TR4, TR5, AS1, AS2 or AS3,
(b) in panel 8 of Form CH1 or in an electronic legal charge,
(c) in an approved charge,
(d) in clause LR13 (as set out in Schedule 1A) of a relevant lease, or
(e) in Form A, using Form SEV.”.
34. In rule 93—
(a) for paragraph (j) substitute—
“(j) a trustee in bankruptcy in whom a beneficial interest in registered land held under a trust of land has vested, and who is applying for a restriction in Form J to be entered in the register of that land,”,
(b) in paragraph (v), omit the final “and”,
(c) in paragraph (w), for the full stop substitute “, and”, and
(d) after paragraph (w), add—
“(x) a local authority where it has a statutory charge created under section 22 of the Health and Social Services and Social Security Adjudications Act 1983(10) on the beneficial interest of an equitable joint tenant in a registered estate and is applying for a restriction in Form MM to be entered in the register of that estate.”.
35. In rule 94—
(a) in paragraph (1), for “A proprietor”, substitute “Subject to paragraph (9), a proprietor”,
(b) after paragraph (2), insert—
“(2A) Where two or more persons apply to register a disposition of a registered estate in their favour or to be registered as proprietors of an unregistered estate, they must at the same time apply for a restriction in Form A if—
(a) the estate is a rentcharge, profit a prendre in gross, franchise or manor, and
(b) a sole proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money.”,
(c) in paragraph (3), for “paragraph (6)” substitute “paragraphs (6) and (10)”,
(d) in paragraph (4), for “paragraphs (6) and (7)” substitute “paragraphs (6), (7) and (9)”, and
(e) after paragraph (8), add—
“(9) Where there are two or more persons entered in the register as the proprietor of a registered estate, an application for the appropriate restriction by one or more of them satisfies the obligation in paragraph (1) or (4).
(10) Where there are two or more personal representatives of a deceased proprietor, an application for a restriction in Form C by one or more of them satisfies the obligation in paragraph (3).”.
36. In rule 96(5), after “must” insert “, if appropriate,”.
37. For rule 98 substitute—
98.—(1) An application to withdraw a restriction must be made in Form RX4 and be accompanied by the required consent.
(2) The required consent is—
(a) where the restriction requires the consent of a specified person, the consent of that person,
(b) where the restriction requires a certificate to be given by a specified person, the consent of that person,
(c) where the restriction requires notice to be given to a specified person, the consent of that person,
(d) where the restriction requires the consent of a specified person, or alternatively a certificate to be given by a specified person, the consent of all such persons,
(e) in any other case, the consent of all persons who appear to the registrar to have an interest in the restriction.
(3) No application may be made to withdraw a restriction—
(a) that is entered under section 42(1)(a) of the Act and reflects some limitation on the registered proprietor’s powers of disposition imposed by statute or the general law,
(b) that is entered in the register following an application under rule 94,
(c) that the registrar is under an obligation to enter in the register,
(d) that reflects a limitation under an order of the court or registrar, or an undertaking given in place of such an order,
(e) that is entered pursuant to a court order under section 46 of the Act.
(4) The registrar may accept a certificate given by a conveyancer that the conveyancer holds a required consent.”.
38. In rule 107(6), omit the definition of “working day”.
39. In rule 108(3), for “7” substitute “8”.
40. For rule 111 substitute—
111.—(1) When making an application for the registration of a charge created by a company registered under the Companies Acts or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000(11) or the Limited Liability Partnership Act (Northern Ireland) 2002(12) the applicant must produce to the registrar the appropriate certificate issued under section 869 or 885 of the Companies Act 2006(13) that the charge has been registered under section 860 or 878 of that Act.
(2) If the applicant does not produce the certificate required by paragraph (1) with the application for registration of the charge, the registrar must enter a note in the register stating that no evidence of registration of the charge in accordance with section 860 or 878 of the Companies Act 2006 (as appropriate) has been lodged.”.
41. For rule 113 substitute—
113.—(1) Subject to paragraph (2), an application to register an instrument varying the terms of a registered charge must be made—
(a) by, or with the consent of, the proprietor of the registered charge and the proprietor of the estate charged,
(b) with the consent of the proprietor, or a person entitled to be registered as proprietor, of every other registered charge of equal or inferior priority that is prejudicially affected by the variation, and
(c) with the consent of the proprietor, or a person entitled to be registered as proprietor, of a registered sub-charge of every registered charge of equal or inferior priority that is prejudicially affected by the variation.
(2) A consent under paragraph (1) is not required if—
(a) the consent of that person is not required by the terms of the registered charge or registered sub-charge of which that person is the proprietor or in respect of which that person is entitled to be registered as proprietor, or
(b) the person from whom a consent would otherwise be required has executed the instrument.
(3) The registrar may accept a conveyancer’s certificate confirming that the conveyancer holds any necessary consents.
(4) If the registrar is satisfied that the proprietor of any other registered charge, and of any registered sub-charge of that registered charge, of equal or inferior priority to the varied charge that is prejudicially affected by the variation is bound by it, he shall make a note of the variation in the register.
(5) If the registrar is not so satisfied, he may make an entry in the register that an instrument which is expressed to vary the terms of the registered charge has been entered into.
(6) In this rule a reference to a registered sub-charge includes any registered sub-charge which derives directly or indirectly from the registered charge.”.
42. In rule 116, omit “TR3,”.
43. In Part 9, after rule 116 insert—
116A. The registrar may, upon application, make an entry in an individual register referring to an agreement which it is claimed relates to priorities between a registered charge and a charge which is the subject of a notice in the same individual register.”.
44. In rule 119—
(a) at the beginning of paragraph (1), for “Where” substitute “Subject to paragraph (2), where” and towards the end of that paragraph omit “to determine the exact line of the boundary”,
(b) for paragraph (2) substitute—
“(2) The registrar need not give notice of the application to an owner of the land adjoining the boundary to be determined where the evidence supplied in accordance with rule 118(2)(b) includes—
(a) an agreement in writing with that owner as to the line of the boundary, or
(b) a court order determining the line of the boundary.”, and
(c) at the end of paragraph (8)(b), for “and” substitute “or”.
45. In rule 131—
(a) in the definition of “edited information document”, after “rule 136(2)(b),” add “or the document prepared by the registrar under either rule 136(6) or rule 138(4),”, and
(b) omit the definitions of “transitional period” and “transitional period document”.
46. For rule 133 substitute—
133.—(1) This rule applies to the right to inspect and make copies of the registers and documents under section 66(1) of the Act.
(2) Excepted documents are excepted from the right.
(3) Subject to rule 132(1), an application under section 66 of the Act must be in Form PIC.
(4) Where inspection and copying under this rule takes place at an office of the land registry it must be undertaken in the presence of a member of the land registry.
(5) In paragraph (2), an “excepted document” is—
(a) an exempt information document,
(b) an edited information document which has been replaced by another edited information document under rule 136(6),
(c) a Form EX1A,
(d) a Form CIT,
(e) any form to which a Form CIT has been attached under rule 140(3) or (4),
(f) any document or copy of any document prepared by the registrar in connection with an application in a form to which Form CIT has been attached under rule 140(3) or (4),
(g) any document relating to an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act,
(h) an identity document, and
(i) an investigation of crime document.
(6) Subject to paragraph (7), in paragraph (5)(h) an “identity document” means any document within section 66(1)(c) of the Act provided to the registrar as evidence of identity of any person or prepared or obtained by the registrar in connection with such identity.
(7) Forms AP1, DS2 and FR1 are not identity documents.
(8) In paragraph 5(i), an “investigation of crime document” is any document within section 66(1)(c) of the Act (other than an identity document) which relates to the prevention or detection of crime and is not—
(a) a document received by the registrar as part of or in support of an application to the registrar,
(b) a document received by the registrar as part of or in support of an objection made under section 73 of the Act, or
(c) a document to which paragraph (9) applies.
(9) This paragraph applies to a document if—
(a) it is a document prepared by, or at the request of, the registrar as part of the process of considering an application or objection, and
(b) it is not so prepared principally in connection with the prevention or detection of crime.
(10) In paragraph (5), the references to Form EX1A and Form CIT and forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.”.
47. For rule 135 substitute —
135.—(1) Subject to paragraph (2), a person may apply for an official copy of—
(a) any document referred to in the register of title and kept by the registrar,
(b) any other document kept by the registrar that relates to an application to the registrar.
(2) Excepted documents are excepted from paragraph (1).
(3) Subject to rule 132(1), an application under paragraph (1) must be made in Form OC2.
(4) In this rule, “excepted document” has the same meaning as in rule 133.”.
48. For rule 136(2) substitute—
“(2) Subject to rule 132(1), an application under paragraph (1) must be made in Form EX1 and EX1A and include a copy of the relevant document which—
(a) excludes the prejudicial information,
(b) includes the words “excluded information” where the prejudicial information has been excluded, and
(c) is certified as being a true copy of the relevant document, except that it does not include the prejudicial information and includes the words required by sub-paragraph (b).”.
The Land Registration (Amendment) Rules 2008