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The Land Registration (Charges) Rules 1990
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New rule 139A
3.—(1) The following rule shall be inserted immediately after rule 139:
“Obligation to make further advances
139A.—(1) In this rule “incorporated document” has the same meaning as in Rule 139.
(2) The proprietor or intending proprietor of a charge who, under the terms of that charge, is under an obligation to make further advances may apply to the Registrar for a note of such obligation to be entered on the register for the purposes of section 30(3) of the Act.
(3) Except as provided in paragraph (4) below a separate application shall be made in Form 113.
(4) If a proprietor or intending proprietor of a charge so desires the application in Form 113 may be included in the instrument of charge or a deed of alteration of a registered charge but not in any incorporated document.
(5) The Registrar, on receipt of an application made under paragraph (3) or (4) above, shall give effect to it by adding a note to the entry of the charge in such terms as he considers appropriate, but he shall not be required to make any such note unless application is duly made in accordance with this rule.”
(2) Form 113 in the Schedule to these rules shall be added at the end of the Schedule to the principal rules.
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