The Land Registration Rules 2003

PART 6REGISTERED LAND: APPLICATIONS, DISPOSITIONS AND MISCELLANEOUS ENTRIES

Applications

Outline applications

54.—(1) An outline application is an application made in accordance with this rule.

(2) Subject to Schedule 2, any application may be made by outline application if it satisfies the following conditions—

(a)the application must not be—

(i)an application which can be protected by an official search with priority within the meaning of rule 147,

(ii)an application for first registration,

(iii)an application for a caution against first registration or in respect of the cautions register,

(iv)an application dealing with part only of the land in a registered title, whether or not also involving any other registered title,

(v)an application under Part 13, and

(b)the right, interest or matter the subject of the application must exist at the time the application is made.

(3) During the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, an outline application may be made by—

(a)an oral application,

(b)telephone, or

(c)electronic means.

(4) An outline application must contain the following particulars when made—

(a)the title number(s) affected,

(b)if there is only one proprietor or applicant for first registration and that person is an individual, his surname, otherwise the proprietor’s or such applicant’s full name or the full name of one of the proprietors or such applicants, as appropriate,

(c)the nature of the application,

(d)the name of the applicant,

(e)the name and address of the person or firm lodging the application,

(f)any other particulars specified in any notice made under Schedule 2.

(5) Every outline application must be allocated an official reference number and must be identified on the day list as such and must be marked with the date and time at which the application is taken as made and the registrar must acknowledge receipt of any outline application by notifying the applicant, as soon as practicable, of the official reference number allocated to it.

(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 is delivered at the appropriate office before the expiry of the reserved period the relevant application form prescribed by these rules, duly completed in respect of the outline application, quoting the official reference number of the outline application and accompanied by the appropriate documentation and the prescribed fee.

(7) If the outline application has been cancelled before the form required by paragraph (6) is delivered at the appropriate office, the registrar shall accept the form as an application in its own right.

(8) In this rule the “appropriate office” is the same office as the proper office, designated under an order under section 100(3) of the Act, for the receipt of an application relating to the land in respect of which the outline application is made, but on the assumption that if the order contains exceptions none of the exceptions apply to the application.

(9) In this rule “reserved period” means the period expiring at 12 noon on the fourth business day following the day that the outline application was taken as made.

Priority of applications

55.—(1) Where two or more applications relating to the same registered title are under the provisions of rule 15 taken as having been made at the same time, the order in which, as between each other, they rank in priority shall be determined in the manner prescribed by this rule.

(2) Where the applications are made by the same applicant, they rank in such order as he may specify.

(3) Where the applications are not made by the same applicant, they rank in such order as the applicants may specify that they have agreed.

(4) Where the applications are not made by the same applicant, and the applicants have not specified the agreed order of priority, the registrar must notify the applicants that their applications are regarded as having been delivered at the same time and request them to agree, within a specified time (being not less than fifteen business days), their order of priority.

(5) Where the parties fail within the time specified by the registrar to indicate the order of priority of their applications the registrar must propose the order of priority and serve notice on the applicants of his proposal.

(6) Any notice served under paragraph (5) must draw attention to the right of any applicant who does not agree with the registrar’s proposal to object to another applicant’s application under the provisions of section 73 of the Act.

(7) Where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants have specified that the applications will have priority so as to give effect to the sequence of the documents effecting the transactions.

Dispositions affecting two or more registered titles

56.—(1) A disposition affecting two or more registered titles may, on the written request of the applicant, be registered as to some or only one of the registered titles.

(2) The applicant may later apply to have the disposition registered as to any of the other registered titles affected by it.

Duty to disclose unregistered interests that override registered dispositions

57.—(1) Subject to paragraph (2), a person applying to register a registrable disposition of a registered estate must provide information to the registrar about any of the interests that fall within Schedule 3 to the Act that—

(a)are within the actual knowledge of the applicant, and

(b)affect the estate to which the application relates,

in Form DI.

(2) The applicant is not required to provide information about—

(a)an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b)a public right,

(c)a local land charge, or

(d)a leasehold estate in land if—

(i)it is within paragraph 1 of Schedule 3 to the Act, and

(ii)at the time of the application, the term granted by the lease has one year or less to run.

(3) In this rule and in Form AP1, a “disclosable overriding interest” is an interest that the applicant must provide information about under paragraph (1).

(4) The applicant must produce to the registrar any documentary evidence of the existence of a disclosable overriding interest that is under his control.

(5) Where the applicant provides information about a disclosable overriding interest under this rule, the registrar may enter a notice in the register in respect of that interest.

Registrable dispositions—Form

Form of transfer of registered estates

58.  A transfer of a registered estate must be in Form TP1, TP2, TP3, TR1, TR2, TR5, AS1 or AS3, as appropriate.

Transfers by way of exchange

59.—(1) Where any registered estate is transferred wholly or partly in consideration of a transfer of another estate, the transaction must be effected by a transfer in one of the forms prescribed by rule 58.

(2) A receipt for the equality money (if any) must be given in the receipt panel and the following provision must be included in the additional provisions panel—

• “This transfer is in consideration of a transfer (or conveyance, or as appropriate,) of (brief description of property exchanged) dated today [if applicable, and of the sum stated above paid for equality of exchange].”.

Transfer of leasehold land, the rent being apportioned or land exonerated

60.—(1) A transfer of a registered leasehold estate in land which contains a legal apportionment of or exoneration from the rent reserved by the lease must include the following statement in the additional provisions panel, with any necessary alterations and additions—

• “Liability for the payment of [if applicable the previously apportioned rent of (amount) being part of] the rent reserved by the registered lease is apportioned between the Transferor and the Transferee as follows—

• (amount) shall be payable out of the Property and the balance shall be payable out of the land remaining in title number (title number of retained land) or

• the whole of that rent shall be payable out of the Property and none of it shall be payable out of the land remaining in title number (title number of retained land) or

• the whole of that rent shall be payable out of the land remaining in title number (title number of retained land) and none of it shall be payable out of the Property”.

(2) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be exonerated from the entire rent, and the covenants in paragraph 20(4) of Schedule 12 to the Act are included, that paragraph shall apply as if—

(a)the reference in paragraph 20(4)(a) to the rent apportioned to the part retained were to the entire rent, and

(b)the covenants in paragraphs 20(4)(b) and (c) extended to a covenant to pay the entire rent.

(3) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be subject to or charged with the entire rent, and the covenants in paragraph 20(3) of Schedule 12 to the Act are included, that paragraph shall apply as if—

(a)the reference in paragraph 20(3)(a) to the rent apportioned to the part transferred were to the entire rent, and

(b)the covenants in paragraphs 20(3)(b) and (c) extended to a covenant to pay the entire rent.

Execution by an attorney

Documents executed by attorney

61.—(1) If any document executed by an attorney is delivered to the land registry, there must be produced to the registrar—

(a)the instrument creating the power, or

(b)a copy of the power by means of which its contents may be proved under section 3 of the Powers of Attorney Act 1971(1), or

(c)a document which under section 4 of the Evidence and Powers of Attorney Act 1940(2) or section 7(3) of the Enduring Powers of Attorney Act 1985(3) is sufficient evidence of the contents of the power, or

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

(2) If an order under section 8 of the Enduring Powers of Attorney Act 1985 has been made with respect to a power or the donor of the power or the attorney appointed under it, the order must be produced to the registrar.

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

Evidence of non-revocation of power more than 12 months old

62.—(1) If any transaction between a donee of a power of attorney and the person dealing with him is not completed within 12 months of the date on which the power came into operation, the registrar may require the production of evidence to satisfy him that the power had not been revoked at the time of the transaction.

(2) The evidence that the registrar may require under paragraph (1) may consist of or include a statutory declaration by the person who dealt with the attorney or a certificate given by that person’s conveyancer in Form 2.

Evidence in support of power delegating trustees' functions to a beneficiary

63.—(1) If any document executed by an attorney to whom functions have been delegated under section 9 of the Trusts of Land and Appointment of Trustees Act 1996(4) is delivered to the registrar, the registrar may require the production of evidence to satisfy him that the person who dealt with the attorney—

(a)did so in good faith, and

(b)had no knowledge at the time of the completion of the transaction that the attorney was not a person to whom the functions of the trustees in relation to the land to which the application relates could be delegated under that section.

(2) The evidence that the registrar may require under paragraph (1) may consist of or include a statutory declaration by the person who dealt with the attorney or a certificate given by that person’s conveyancer either in Form 3 or, where evidence of non-revocation is also required pursuant to rule 62, in Form 2.

Covenants

Positive covenants

64.—(1) The registrar may make an appropriate entry in the proprietorship register of any positive covenant that relates to a registered estate given by the proprietor or any previous proprietor of that estate.

(2) Any entry made under paragraph (1) must, where practicable, refer to the instrument that contains the covenant.

(3) If it appears to the registrar that a covenant referred to in an entry made under paragraph (1) does not bind the current proprietor of the registered estate, he must remove the entry.

Indemnity covenants

65.—(1) The registrar may make an appropriate entry in the proprietorship register of an indemnity covenant given by the proprietor of a registered estate in respect of any restrictive covenant or other matter that affects that estate or in respect of a positive covenant that relates to that estate.

(2) Any entry made under paragraph (1) must, where practicable, refer to the instrument that contains the indemnity covenant.

(3) If it appears to the registrar that a covenant referred to in an entry made under paragraph (1) does not bind the current proprietor of the registered estate, he must remove the entry.

Modification of implied covenants in transfer of land held under an old tenancy

66.  Where a transfer of a registered leasehold estate which is an old tenancy modifies or negatives any covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act, an entry that the covenants have been so modified or negatived must be made in the register.

Covenants implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 and under the Law of Property Act 1925

67.—(1) Subject to paragraph (2), a registrable disposition may be expressed to be made either with full title guarantee or with limited title guarantee and, in the case of a disposition which is effected by an instrument in the Welsh language, the appropriate Welsh expression specified in section 8(4) of the 1994 Act may be used.

(2) In the case of a registrable disposition to which section 76 of the LPA 1925 applies by virtue of section 11(1) of the 1994 Act—

(a)a person may be expressed to execute, transfer or charge as beneficial owner, settlor, trustee, mortgagee, or personal representative of a deceased person or under an order of the court, and the document effecting the disposition may be framed accordingly, and

(b)any covenant implied by virtue of section 76 of the LPA 1925 in such a disposition will take effect as though the disposition was expressly made subject to—

(i)all charges and other interests that are registered at the time of the execution of the disposition and affect the title of the covenantor,

(ii)any of the matters falling within Schedule 3 to the Act of which the purchaser has notice and subject to which it would have taken effect, had the land been unregistered.

(3) The benefit of any covenant implied under sections 76 and 77 of the LPA 1925 or either of them will, on and after the registration of the disposition in which it is implied, be annexed and incident to and will go with the registered proprietorship of the interest for the benefit of which it is given and will be capable of being enforced by the proprietor for the time being of that interest.

(4) The provisions of paragraphs (2)(b) and (3) are in addition to and not in substitution for the other provisions relating to covenants contained in the LPA 1925.

(5) Except as provided in paragraph (6), no reference to any covenant implied by virtue of Part I of the 1994 Act, or by section 76 of the LPA 1925 as applied by section 11(1) of the 1994 Act, shall be made in the register.

(6) A reference may be made in the register where a registrable disposition of leasehold land limits or extends the covenant implied under section 4 of the 1994 Act.

(7) In this rule “the LPA 1925” means the Law of Property Act 1925(5) and “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994(6).

Additional provisions as to implied covenants

68.—(1) A document effecting a registrable disposition which contains a provision limiting or extending any covenant implied by virtue of Part I of the Law of Property (Miscellaneous Provisions) Act 1994 must include a statement referring to the section of that Act in which the covenant is set out.

(2) The statement required by paragraph (1) must be in one of the following forms—

(a)“The covenant set out in section (number) of the Law of Property (Miscellaneous Provisions) Act 1994 shall [not] extend to ... ... ... ... ”, or

(b)“The [transferor or lessor] shall not be liable under any of the covenants set out in section (number) of the Law of Property (Miscellaneous Provisions) Act 1994”.

Transfer of registered estate subject to a rentcharge

69.—(1) Where the covenants set out in Part VII or Part VIII of Schedule 2 to the LPA 1925 are included in a transfer, the references to “the grantees”, “the conveyance” and “the conveying parties” shall be treated as references to the transferees, the transfer and the transferors respectively.

(2) Where in a transfer to which section 77(1)(B) of the LPA 1925 does not apply, part of a registered estate affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be exonerated from the entire rent, and the covenants in paragraph (ii) of Part VIII of Schedule 2 to the LPA 1925 are included, that paragraph shall apply as if—

(a)any reference to the balance of the rent were to the entire rent, and

(b)the words “, other than the covenant to pay the entire rent,” were omitted.

(3) Where in a transfer to which section 77(1)(B) of the LPA 1925 does not apply, part of a registered estate affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be subject to or charged with the entire rent, and the covenants in paragraph (i) of Part VIII of Schedule 2 to the LPA 1925 are included, that paragraph shall apply as if—

(a)any reference to the apportioned rent were to the entire rent, and

(b)the words “(other than the covenant to pay the entire rent)” were omitted.

(4) On a transfer of a registered estate subject to a rentcharge—

(a)any covenant implied by section 77(1)(A) or (B) of the LPA 1925 may be modified or negatived, and

(b)any covenant included in the transfer may be modified,

by adding suitable words to the transfer.

(5) In this rule “the LPA 1925” means the Law of Property Act 1925.

Mines or minerals

Description of land where mines or minerals situated

70.—(1) This rule applies where—

(a)a registered estate in land includes any mines or minerals but there is no note in the register that the title to the registered estate includes the mines or minerals, and

(b)it is appropriate (for instance, because of a registrable disposition of part of the registered estate, or on a sub-division or amalgamation of a registered title) when describing the registered estate to do so by reference to the land where the mines or minerals are or may be situated.

(2) After the description required to be made in the property register under rule 5(a) the registrar may make an entry to the effect that the description is an entry made under that rule and is not a note that the registered estate includes the mines or minerals to which paragraph 2 of Schedule 8 to the Act refers.

Note as to inclusion of mines or minerals in the registered estate

71.—(1) This rule applies where a registered estate includes any mines or minerals but there is no note in the register to that effect and the registered proprietor of the registered estate applies for a note to be entered that the registered estate includes the mines or minerals or specified mines or minerals.

(2) An application for the entry of the note must be accompanied by evidence to satisfy the registrar that the mines or minerals were vested in the applicant for first registration of the registered estate at the time of first registration and were so vested in the same capacity as the remainder of the estate in land then sought to be registered.

(3) If the registrar is satisfied that mines or minerals were so vested in that applicant he must enter the appropriate note.

Miscellaneous entries

Register entries arising from transfers and charges of part

72.—(1) Subject to paragraphs (3) and (4), on a transfer or charge of part of the registered estate in a registered title the following entries must be made in the individual register of that registered title—

(a)an entry in the property register referring to the removal of the estate comprised in the transfer or charge, and

(b)entries relating to any rights, covenants, provisions, and other matters created by the transfer or charge which the registrar considers affect the retained or uncharged registered estate.

(2) Subject to paragraph (4), on a transfer or charge of part of the registered estate in a registered title entries will be made in the individual register of the registered title comprising the part transferred or charged relating to any rights, covenants, provisions, and other matters created by the transfer or charge which the registrar considers affect the transferred or charged part.

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

(4) This rule 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.

Application for register entries for express appurtenant rights over unregistered land

73.—(1) A proprietor of a registered estate who claims the benefit of a legal easement or profit a prendre which has been expressly granted over an unregistered legal estate may apply for it to be registered as appurtenant to his estate.

(2) The application must be accompanied by the grant and evidence of the grantor’s title to the unregistered estate.

(3) In paragraph (1) 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(7).

Application for register entries for implied or prescriptive appurtenant rights

74.—(1) A proprietor of a registered estate who claims the benefit of a legal easement or profit a prendre, which has been acquired otherwise than by express grant, may apply for it to be registered as appurtenant to his estate.

(2) The application must be accompanied by evidence to satisfy the registrar that the right subsists as a legal estate appurtenant to the applicant’s registered estate.

(3) In paragraph (1) the reference to an acquisition otherwise than by express grant includes acquired as a result of the operation of section 62 of the Law of Property Act 1925.

Qualified register entries for appurtenant rights

75.—(1) This rule applies where a proprietor of a registered estate makes an application under rule 73 or rule 74 and the registrar is not satisfied that the right claimed subsists as a legal estate appurtenant to the applicant’s registered estate.

(2) The registrar may enter details of the right claimed in the property register with such qualification as he considers appropriate.

Note as to rights of light or air

76.  If it appears to the registrar that an agreement prevents the acquisition of rights of light or air for the benefit of the registered estate, he may make an entry in the property register of that estate.

No entry on reversionary title of a right of entry in lease

77.  Where a right of re-entry is contained in a lease the registrar need not make any entry regarding such right in the registered title of the reversionary estate.

Note of variation of lease etc on register

78.  An application to register the variation of a lease or other disposition of a registered estate or a registered charge which has been completed by registration must be accompanied by the instrument (if any) effecting the variation and evidence to satisfy the registrar that the variation has effect at law.

Determination of registered estates

79.—(1) An application to record in the register the determination of a registered estate must be accompanied by evidence to satisfy the registrar that the estate has determined.

(2) Subject to paragraph (3), if the registrar is satisfied that the estate has determined, he must close the registered title to the estate and cancel any notice in any other registered title relating to it.

(3) Where an entry is made under rule 173 the registrar need not close the registered title to the estate until a freehold legal estate in land in respect of the land in which such former estate subsisted has been registered.