The Land Registration Rules 2003

• Citation: S.I. 2003/1417
• Sections: 324

A13 Application for a network access agreement

This Part does not apply to applications for a network access agreement under paragraph 1(4) of Schedule 5 to the Act.

Section 1 Citation and commencement

These rules may be cited as the Land Registration Rules 2003 and shall come into force on the day that section 1 of the Act comes into force.

Section 2 Form and arrangement of the register of title

(1) The register of title may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—

(a) an estate in land, or

(b) a rentcharge, franchise, manor or profit a prendre in gross,

vested in a proprietor.

Section 3 Individual registers and more than one registered estate, division and amalgamation

(1) The registrar may include more than one registered estate in an individual register if the estates are of the same kind and are vested in the same proprietor.

(2) On first registration of a registered estate, the registrar may open an individual register for each separate area of land affected by the proprietor's registered estate as he designates.

(3) Subsequently, the registrar may open an individual register for part of the registered estate in a registered title and retain the existing individual register for the remainder—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title, or

(c) on the registration of a charge of part of the registered estate comprised in the registered title.

(4) The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title.

(5) Where the registrar has divided a registered title under paragraph (3)(b) or amalgamated registered titles or an estate on first registration with a registered title under paragraph (4)(b) he—

(a) must notify the proprietor of the registered estate and any registered charge, unless they have agreed to such action, and

(b) may make a new edition of any individual register or make entries on any individual register to reflect the division or amalgamation.

Section 4 Arrangement of individual registers

(1) Each individual register must have a distinguishing number, or series of letters and numbers, known as the title number.

(2) Each individual register must consist of a property register, a proprietorship register and, where necessary, a charges register.

(3) An entry in an individual register may be made by reference to a plan or other document; in which case the registrar must keep the original or a copy of the document.

(4) Whenever the registrar considers it desirable, he may make a new edition of any individual register so that it contains only the subsisting entries, rearrange the entries in the register or alter its title number.

Section 5 Contents of the property register

Except where otherwise permitted, the property register of a registered estate must contain—

(a) a description of the registered estate which in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the title plan;

(b) where appropriate, details of—

(i) the inclusion or exclusion of mines and minerals in or from the registration under rule 32,

(ii) easements, rights and privileges benefiting the registered estate and other similar matters,

(iii) all exceptions or reservations arising on enfranchisement of formerly copyhold land, and

(iv) 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 property register, and

(c) such other matters as are required to be entered in the property register by these rules.

Section 6 Property register of a registered leasehold estate

(1) The property register of a registered leasehold estate must also contain sufficient particulars of the registered lease to enable that lease to be identified.

(2) Subject to rule 72A(3), If the lease contains a provision that prohibits or restricts dispositions of the leasehold estate, the registrar must make an entry in the property register stating that the lease prohibits or restricts dispositions of the estate .

Section 7 Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross

Where practicable, the property register of a registered estate in a rentcharge, franchise or a profit a prendre in gross must, if the estate was created by an instrument, also contain sufficient particulars of the instrument to enable it to be identified.

Section 8 Contents of the proprietorship register

(1) The proprietorship register of a registered estate must contain, where appropriate—

(a) the class of title,

(b) the name of the proprietor of the registered estate including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 , its registered number,

(c) an address for service of the proprietor of the registered estate in accordance with rule 198,

(d) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to the registered estate,

(e) notices under section 86(2) of the Act in relation to the registered estate,

(f) positive covenants by a transferor or transferee and indemnity convenants by a transferee entered under rules 64 or 65,

(g) details of any modification of the covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act entered under rule 66,

(h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 1994 entered under rule 67(6),

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) such other matters as are required to be entered in the proprietorship register by these rules.

(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.

Section 9 Contents of the charges register

Except where otherwise permitted, the charges register of a registered estate must contain, where appropriate—

(a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration of the estate or created thereafter,

(b) any dealings with the interests referred to in paragraph (a), or affecting their priority, which are capable of being noted on the register,

(c) sufficient details to enable any registered charge to be identified,

(d) the name of the proprietor of any registered charge including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number,

(e) an address for service of the proprietor of any registered charge in accordance with rule 198,

(f) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to a registered charge,

(g) notices under section 86(2) of the Act in relation to a registered charge, ...

(h) such other matters affecting the registered estate or any registered charge as are required to be entered in the charges register by these rules , and

(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.

Section 10 Index to be kept under section 68 of the Act

(1) The index to be kept under section 68 of the Act must comprise—

(a) an index map from which it is possible to ascertain, in relation to a parcel of land, whether there is—

(i) a pending application for first registration (other than of title to a relating franchise),

(ii) a pending application for a caution against first registration (other than where the subject of the caution is a relating franchise),

(iii) a registered estate in land,

(iv) a registered rentcharge,

(v) a registered profit a prendre in gross,

(vi) a registered affecting franchise, or

(vii) a caution against first registration (other than where the subject of the caution is a relating franchise),

and, if there is such a registered estate or caution, the title number, and

(b) an index of verbal descriptions of—

(i) pending applications for first registration of title to relating franchises,

(ii) pending applications for cautions against first registration where the subject of the caution is a relating franchise,

(iii) registered franchises which are relating franchises,

(iv) registered manors, and

(v) cautions against first registration where the subject of the caution is a relating franchise,

and the title numbers of any such registered estates and cautions, arranged by administrative area.

(2) The information required to be shown in the index to be kept under section 68 is to be entered by the registrar in the index as soon as practicable.

Section 11 Index of proprietors' names

(1) Subject to paragraph (2), the registrar must keep an index of proprietors' names, showing for each individual register the name of the proprietor of the registered estate and the proprietor of any registered charge together with the title number.

(2) Until every individual register is held in electronic form, the index need not contain the name of any corporate or joint proprietor of an estate or of a charge registered as proprietor prior to 1st May 1972.

(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).

(4) On receipt of such an application the registrar must make the search and supply the applicant with details of every entry in the index relating to the particulars given in the application.

Section 12 The day list

(1) The registrar must keep a record (known as the day list) showing the date and time at which every pending application under the Act or these rules was made and of every application for an official search with priority under rule 147.

(2) The entry of notice of an application for an official search with priority must remain on the day list until the priority period conferred by the entry has ceased to have effect.

(3) Where the registrar proposes to alter the register without having received an application he must enter his proposal on the day list and, when so entered, the proposal will have the same effect for the purposes of rules 15 and 20 as if it were an application to the registrar made at the date and time of its entry.

(4) In this rule the term “ pending application ” does not include an application made under rule 11(3), an application for a network access agreement under paragraph 1(4) of Schedule 5 to the Act, or an application within Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

Section 13 Form AP1

(1) Any application made under the Act or these rules for which no other application form is prescribed must be made in Form AP1.

(2) Paragraph (1) does not apply to—

(a) an application to remove from the register the name of a deceased joint registered proprietor,

(b) applications made under rule 14, or

(c) an application to register an electronic disposition of a kind for which a registrar’s notice has been given under rule 54C.

Section 14 Electronic delivery of applications

Any application to which rule 15 applies ... may during the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, be delivered by electronic means and the applicant shall provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.

Section 15 Time at which applications are taken to be made

(1) An application received on a business day is to be taken as made at the earlier of—

(a) the time of the day that notice of it is entered in the day list, or

(b)

(i) midnight marking the end of the day it was received if the application was received before 12 noon, or

(ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

(2) An application received on a day which is not a business day is to be taken as made at the earlier of—

(a) the time of the day that notice of it is entered in the day list, or

(b) midnight marking the end of the next business day after the day it was received.

(3) In this rule an application is received when it is delivered—

(a) to the designated proper office in accordance with an order under section 100(3) of the Act, or , if no such order subsists, to the registrar under the provisions of any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of applications, or

(b) to the registrar in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant's conveyancer, or

(c) to the registrar under the provisions of any relevant notice given under Schedule 2.

(4) This rule does not apply to applications under Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

Section 16 Applications not in order

(1) If an application is not in order the registrar may raise such requisitions as he considers necessary, specifying a period (being not less than twenty working days) within which the applicant must comply with the requisitions.

(2) If the applicant fails to comply with the requisitions within that period, the registrar may cancel the application or may extend the period when this appears to him to be reasonable in the circumstances.

(3) If an application appears to the registrar to be substantially defective, he may reject it on delivery or he may cancel it at any time thereafter.

(4) Where a fee for an application is paid by means of a cheque and the registrar becomes aware, before that application has been completed, that the cheque has not been honoured, the application may be cancelled.

Section 17 Additional evidence and enquiries

If the registrar at any time considers that the production of any further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do any act or make any entry, until such documents, evidence or notices have been supplied or given.

Section 18 Continuation of application on a transfer by operation of law

If, before an application has been completed, the whole of the applicant's interest is transferred by operation of law, the application may be continued by the person entitled to that interest in consequence of that transfer.

Section 19 Objections

(1) Subject to paragraph (5), an objection under section 73 of the Act to an application must be made by delivering to the registrar at the appropriate office a written statement signed by the objector or his conveyancer.

(2) The statement must—

(a) state that the objector objects to the application,

(b) state the grounds for the objection, and

(c) give the full name of the objector and an address for service in accordance with rule 198 .

(3) Subject to paragraph (5), the written statement referred to in paragraph (1) must be delivered—

(a) in paper form, or

(b) to the electronic address .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph (3) the reference to the electronic address ... is to the electronic address ... for the appropriate office specified in a direction by the registrar under section 100(4) of the Act as that to be used for delivery of objections.

(5) Where a person is objecting to an application in response to a notice given by the registrar, he may alternatively do so in the manner and to the address stated in the notice as provided by rule 197(1)(c).

(6) 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 objection is made, but on the assumption that if the order contains exceptions none of the exceptions apply to that application , or, if no such order subsists, the address stated in any relevant direction by the registrar under section 100(4) of the Act as to the address to be used for the delivery of objections.

Section 20 Completion of applications

(1) Any entry in, removal of an entry from or alteration of the register pursuant to an application under the Act or these rules has effect from the time of the making of the application.

(2) — This rule does not apply to the applications mentioned in section 74 of the Act.

Section 21 First registration—application by mortgagee

A mortgagee under a mortgage falling within section 4(1)(g) of the Act may make an application in the name of the mortgagor for the estate charged by the mortgage to be registered whether or not the mortgagor consents.

Section 22 Registration of a proprietor of a charge falling within section 4(1)(g) of the Act

(1) This rule applies to an application for first registration made—

(a) under rule 21, or

(b) by the owner of an estate that is subject to a legal charge falling within section 4(1)(g) of the Act.

(2) The registrar must enter the mortgagee of the legal charge falling within section 4(1)(g) of the Act as the proprietor of that charge if he is satisfied of that person's entitlement.

Section 23 First registration–application form

(1) Subject to paragraph (2), an application for first registration must be made in Form FR1.

(2) Where Her Majesty applies for the first registration of an estate under section 79 of the Act, Form FR1 must be used with such modifications to it as are appropriate and have been approved by the registrar.

Section 24 Documents to be delivered with a first registration application

(1) Unless the registrar otherwise directs, every application for first registration must be accompanied by—

(a) sufficient details, by plan or otherwise (subject to rules 25 and 26), so that the land can be identified clearly on the Ordnance Survey map,

(b) in the case of a leasehold estate, the lease, if in the control of the applicant, and a certified copy,

(c) all deeds and documents relating to the title that are in the control of the applicant,

(d) a list in duplicate in Form DL of all the documents delivered.

(2) On an application to register a rentcharge, franchise or profit a prendre in gross, the land to be identified under paragraph (1)(a) is the land affected by that estate or to which it relates.

Section 25 First registration of mines and minerals

When applying for first registration of an estate in mines and minerals held apart from the surface, the applicant must provide—

(a) a plan of the surface under which the mines and minerals lie,

(b) any other sufficient details by plan or otherwise so that the mines and minerals can be identified clearly, and

(c) full details of rights incidental to the working of the mines and minerals.

Section 26 First registration of cellars, flats, tunnels etc

(1) Subject to paragraph (2), unless all of the land above and below the surface is included in an application for first registration the applicant must provide a plan of the surface on under or over which the land to be registered lies, and sufficient information to define the vertical and horizontal extents of the land.

(2) This rule does not apply where only mines and minerals are excluded from the application.

Section 27 First registration application based on adverse possession or where title documents are otherwise unavailable

(1) An application for first registration by a person who is unable to produce a full documentary title must be supported by evidence—

(a) to satisfy the registrar that the applicant is entitled to apply under section 3(2) of the Act or required to apply under section 6(1) of the Act, and

(b) where appropriate, to account for the absence of documentary evidence of title.

(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.

Section 27A First registration – where land is or was listed as land of community value

(1) An owner of listed land who applies for first registration of that land, or where rule 21 applies a mortgagee who makes such an application in the name of the owner, must at the same time apply for entry of a restriction in Form QQ in respect of that land.

(2) Where a person applies for first registration of land and any of the deeds and documents accompanying the application (in accordance with rule 24(1)(c)) includes a conveyance or lease to the applicant or to a predecessor in title made at any time when the land was listed land, the applicant must in respect of each such conveyance or lease provide a certificate by a conveyancer that the conveyance or lease did not contravene section 95(1) of the Localism Act 2011.

(3) In this rule—

(a) “listed land” means land entered in a local authority’s list of assets of community value maintained under section 87(1) of the Localism Act 2011, and

(b) “owner” has the same meaning as in section 107 of the Localism Act 2011, except that it includes a person who would be such an owner but for the effect of section 7(1) and (2) of the Act .

Section 28 Duty to disclose unregistered interests that override first registration

(1) Subject to paragraph (2), a person applying for first registration must provide information to the registrar about any of the interests that fall within Schedule 1 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) an interest that is apparent from the deeds and documents of title accompanying the application under rule 24,

(c) a public right,

(d) a local land charge,

(e) a leasehold estate in land if—

(i) it is within paragraph 1 of Schedule 1 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 FR1, a “disclosable overriding interest” is an interest that the applicant must provide information about under paragraph (1).

(4) 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.

Section 29 First registration–examination of title

In examining the title shown by the documents accompanying an application for first registration the registrar may have regard to any examination of title by a conveyancer prior to the application and to the nature of the property.

Section 30 Searches and enquiries by the registrar

In examining title on an application for first registration the registrar may—

(a) make searches and enquiries and give notices to other persons,

(b) direct that searches and enquiries be made by the applicant,

(c) advertise the application.

Section 31 First registration–foreshore

(1) Where it appears to the registrar that any land included in an application for first registration comprises foreshore, he must serve a notice of that application on—

(a) the Crown Estate Commissioners in every case,

(b) the Chancellor of the Duchy of Lancaster in the case of land in the county palatine of Lancaster,

(c) the appropriate person in the case of land in the counties of Devon and Cornwall and in the Isles of Scilly and in the case of land within the jurisdiction of the Port of London Authority, and

(d) the Port of London Authority in the case of land within its jurisdiction.

(2) A notice under paragraph (1) must provide a period ending at 12 noon on the twentieth working day after the date of issue of the notice in which to object to the application.

(3) A notice need not be served under paragraph (1) where, if it was served, it would result in it being served on the applicant for first registration.

(4) In this rule—

“ the appropriate person ” means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,

“ foreshore ” has the meaning given by paragraph 13(3) of Schedule 6 to the Act.

Section 32 Mines and minerals–note as to inclusion or exclusion

Where, on first registration of an estate in land which comprises or includes the land beneath the surface, the registrar is satisfied that the mines and minerals are included in or excluded from the applicant's title he must make an appropriate note in the register.

Section 33 First registration–entry of beneficial rights

(1) The benefit of an appurtenant right may be entered in the register at the time of first registration if—

(a) on examination of the title, or

(b) on receipt of a written application providing details of the right and evidence of its existence,

the registrar is satisfied that the right subsists as a legal estate and benefits the registered estate.

(2) If the registrar is not satisfied that the right subsists as a legal interest benefiting the registered estate, he may enter details of the right claimed in the property register with such qualification as he considers appropriate.

(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.

Section 34 First registration–registration of a proprietor of a legal mortgage not within rule 22 or rule 38

(1) The registrar must enter the mortgagee of a legal mortgage to which this rule applies as the proprietor of that charge if on first registration of the legal estate charged by that charge he is satisfied of that person's entitlement.

(2) This rule applies to a legal mortgage—

(a) which is either—

(i) a charge on the legal estate that is being registered, or

(ii) is a charge on such charge, and

(b) which is not a charge falling within rule 22 or rule 38.

Section 35 First registration–entry of burdens

(1) On first registration the registrar must enter a notice in the register of the burden of any interest which appears from his examination of the title to affect the registered estate.

(2) This rule does not apply to—

(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,

(d) an interest which appears to the registrar to be of a trivial or obvious character, or the entry of a notice in respect of which would be likely to cause confusion or inconvenience.

Section 36 First registration–note as to rights of light and air

On first registration, 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.

Section 37 First registration–notice of lease

(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.

(3) On completing registration of the leasehold estate, the registrar must enter notice of the lease in the register of the registered reversion.

(4) In this rule, “ the reversion ” refers to the estate that is the immediate reversion to the lease that is the subject of the application referred to in paragraph (1) and “ registered reversion ” refers to such estate when it is a registered estate.

Section 38 Application of the Act to dealings prior to first registration

(1) If, while a person is subject to a duty under section 6 of the Act to make an application to be registered as proprietor of a legal estate, there is a dealing with that estate, then the Act applies to that dealing as if the dealing had taken place after the date of first registration of that estate.

(2) The registration of any dealing falling within paragraph (1) that is delivered for registration with the application made pursuant to section 6 has effect from the time of the making of that application.

Section 39 Definitions

In this Part—

“ cautioner ” has the same meaning as in section 22 of the Act (read with rule 52),

“cautioner's register“ is the register so named in rule 41(2) the contents of which are described in rule 41(5),

“ relevant interest ” means the interest claimed by the cautioner in the unregistered legal estate to which the caution against first registration relates.

Section 40 Form and arrangement of the cautions register

(1) The cautions register may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to paragraph (3), the cautions register will comprise an individual caution register for each caution against the registration of title to an unregistered estate.

(3) On registration of a caution, the registrar may open an individual caution register for each separate area of land affected by the caution as he designates.

Section 41 Arrangement of individual caution registers

(1) Each individual caution register will have a distinguishing number, or series of letters and numbers, known as the caution title number.

(2) Each individual caution register will be in two parts called the caution property register and the cautioner's register.

(3) The caution property register will contain—

(a) a description of the legal estate to which the caution relates, and

(b) a description of the relevant interest.

(4) Where the legal estate to which the caution relates is an estate in land, a rentcharge, or an affecting franchise, the description will refer to a caution plan, which plan will be based on the Ordnance Survey map.

(5) The cautioner's register will contain—

(a) the name of the cautioner including, where the cautioner is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 , its registered number,

(b) an address for service in accordance with rule 198, and

(c) where appropriate, details of any person consenting to the lodging of the caution under rule 47.

Section 42 Caution against first registration–application

An application for a caution against first registration must be made in Form CT1 and contain sufficient details, by plan or otherwise, so that the extent of the land to which the caution relates can be identified clearly on the Ordnance Survey map.

Section 43 Withdrawal of a caution against first registration–application

An application to withdraw a caution against first registration must be made in Form WCT and, if the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.

Section 44 Cancellation of a caution against first registration–application

(1) Subject to paragraph (5), an application for the cancellation of a caution against first registration must be in Form CCT.

(2) Where the application is made in respect of part only of the land to which the individual caution register relates, it must contain sufficient details, by plan or otherwise, so that the extent of that part can be identified clearly on the Ordnance Survey map.

(3) Where a person applies under section 18(1)(a) of the Act or rule 45(a) or (b)(ii), evidence to satisfy the registrar that he is entitled to apply must accompany the application.

(4) Where the applicant, or a person from whom the applicant derives title to the legal estate by operation of law, has consented to the lodging of the caution, evidence of the facts referred to in rule 46 must accompany the application.

(5) Where an application is made for the cancellation of a caution against first registration by Her Majesty by virtue of rule 45(b)(i), Form CCT must be used with such modifications to it as are appropriate and have been approved by the registrar.

Section 45 Other persons who may apply to cancel a caution against first registration

In addition to the owner of the legal estate to which the caution relates—

(a) the owner of a legal estate derived out of that estate, and

(b) where the land to which the caution relates is demesne land,

(i) Her Majesty, or

(ii) the owner of a legal estate affecting the demesne land,

may apply under section 18(1)(b) of the Act for cancellation of a caution against first registration.

Section 46 Application for cancellation of a caution against first registration by a person who originally consented

A person to whom section 18(2) of the Act applies may make an application for cancellation of a caution against first registration only if—

(a) the relevant interest has come to an end, or

(b) the consent referred to in section 18(2) was induced by fraud, misrepresentation, mistake or undue influence or given under duress.

Section 47 Consent to registration of a caution against first registration

For the purposes of section 18(2) of the Act a person consents to the lodging of a caution against first registration if before the caution is entered in the cautions register—

(a) he has confirmed in writing that he consents to the lodging of the caution, and

(b) that consent is produced to the registrar.

Section 48 Alteration of the cautions register by the court

(1) If in any proceedings the court decides that the cautioner does not own the relevant interest, or only owns part, or that such interest either wholly or in part did not exist or has come to an end, the court must make an order for alteration of the cautions register under section 20(1) of the Act.

(2) An order for alteration of the cautions register must state the caution title number of the individual caution register affected, describe the alteration that is to be made, and direct the registrar to make the alteration.

(3) For the purposes of section 20(2) of the Act an order for alteration of the cautions register may only be served on the registrar by making an application for him to give effect to the order.