The Land Registration (Implied Covenants for Title) Rules 1995

• Citation: S.I. 1995/377
• Sections: 7

Section 1 Citation, commenCement and interpretation

(1) These rules may be cited as the Land Registration (Implied Covenants for Title) Rules 1995 and shall come into force on 1st July 1995.

(2) In these rules a rule referred to by number means the rule so numbered in the Land Registration Rules 1925 .

Section 2 New Rule 76

The following rule shall be substituted for rule 76:

Covenants implied under section 77 of the Law of Property Act 1925

(76) For the purpose of introducing the covenants implied under paragraphs (B)(ii) and (D)(ii) of section 77(1) of the Law of Property Act 1925 a person may, in a registered disposition:

(a) be expressed to execute, transfer or charge as beneficial owner; or

(b) where the instrument effecting the disposition expressly refers to section 77 of the Law of Property Act 1925, be expressed to execute, transfer or charge as settlor, trustee, mortgagee, or personal representative of a deceased person, or under an order of the court,

and the instrument effecting the disposition may be framed accordingly.

Section 3 New rule 76A

Covenants impled under Part I of the Law of Property (Miscellaneous Provisions) Act 1994

(76A)

(1) In this rule “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994.

(2) Subject to paragraph (3), a registered disposition may be expressed to be made either with full title guarantee or with limited title guarante 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.

(3) In the case of a registered disposition to which section 76 of the Law of Property Act 1925 applies by virtue of section 11(1) of the 1994 Act, 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 instrument effecting the disposition may be framed accordingly.

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

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

Section 4 Amendment to rule 77

Rule 77 shall be amended as follows:

(a) the words “Pursuant to subsection (2) of section 38 of the Act, it is hereby provided that—” shall be deleted;

(b) in paragraph (1), for the words “Any covenant” there shall be substituted the words “In relation to a disposition of registered land to which section 76 of the Law of Property Act 1925 applies by virtue of section 11(1) of the Law of Property (Miscellaneous Provisions) Act 1994, any covenant”;

(c) in paragraph (1), for the words “a disposition of registered land” there shall be substituted the words “such a disposition”;

(d) in paragraph (2), for the word “aforesaid” there shall be substituted the words “of the Law of Property Act 1925”;

(e) paragraph (4) shall be deleted.

Section 5 New rule 777A

The following rule shall be inserted after rule 77:

Additional provisions as to implied covenants

(77A)

(1) In this rule “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994.

(2) Any covenant implied by virtue of Part I of the 1994 Act in a registered disposition shall take effect as if the disposition had been expressly made subject to:—

(a) all charges and other interests appearing or protected on the register at the time of the execution of the disposition and affecting the title of the registered proprietor;

(b) any overriding interest of which the person to whom the disposition is made has notice and which will affect the estate created or disposed of when the disposition is registered.

(3) Where the instrument effecting a registered disposition contains a provision limiting or extending any covenant implied by virtue of Part I of the 1994 Act express reference shall be made to the section of that Act in which the covenant is set out.

Section 6 Amendment to rule 115

in rule 115(2) the words “or by Part I of the Law of Property (Miscellaneous Provisions) Act 1994,” shall be inserted after the words “section 24,”.

Section 7 Amendment to rule 117

In rule 117 the words “or Part I of the Law of Property (Miscellaneous Provisions) Act 1994,” shall be inserted after the words “Law of Property Act 1925,”.