The Land Registration (Amendment) Rules 2008

• Citation: S.I. 2008/1919
• Sections: 89

Section 1 Citation

These rules may be cited as the Land Registration (Amendment) Rules 2008.

Section 2 Commencement

(1) Subject to paragraph (2), these rules shall come into force on 10 November 2008.

(2) Paragraph 40 of Schedule 1 (new rule 111) shall come into force on the day that section 869 of the Companies Act 2006 comes into force.

Section 3 Interpretation

In these rules “the principal rules” means the Land Registration Rules 2003 and in rule 6 and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules.

Section 4 Amendments to the principal rules

(1) Parts 1 to 10 and 13 to 16 of the principal rules are amended as set out in Schedule 1.

(2) For Schedule 1 to the principal rules substitute the schedule set out in Schedule 2.

(3) In Schedule 1A to the principal rules, for the words in italicised text immediately below the heading “LR3. Parties to this lease” substitute—

Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas companies, also give the territory of incorporation and, if appropriate, the registered number in England and Wales including any prefix.

(4) In paragraph 5 of Schedule 2 to the principal rules, after “owing” insert “to”.

(5) Schedule 3 to the principal rules is amended as set out in Schedule 3.

(6) For Schedule 4 to the principal rules substitute the schedule set out in Schedule 4.

(7) In Schedule 5 to the principal rules, insert at the appropriate places and in the columns indicated below—

(8) Schedule 6 to the principal rules is amended as set out in Schedule 5.

(9) Schedule 9 to the principal rules is amended as set out in Schedule 6.

Section 5 Use of old forms

(1) Subject to paragraph (3), an application may be accompanied by an old form instead of the equivalent new form—

(a) if the application is delivered to the registrar during the period of three months beginning with the commencement day, or

(b) if the old form is one to which paragraph (2) applies.

(2) An old form is one within paragraph (1)(b) if its use is expressly required—

(a) by an agreement entered into at least three months before the commencement day,

(b) by an order of the court, or

(c) by or under an enactment.

(3) This rule does not apply to an application which is required to be in Form AP1, Form DS2 or Form FR1.

(4) In this rule—

“commencement day” means 10 November 2008,

“new form” means a form set out in Schedule 2,

“old form” means a form set out in Schedule 1 to the principal rules immediately before the commencement day.

Section 6 Provision consequential upon revocation of rule 8(1)(i)

The registrar need not retain in the register any entry made under rule 8(1)(i) (name of the first proprietor of a registered estate with possessory title) or an equivalent entry made under the Land Registration Act 1925 .

Section 1 Amendments to rule 5

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”.

Section 2 Amendment to rule 6

In rule 6(2), for the words from “all” to “registration” substitute “the lease prohibits or restricts dispositions of the estate”.

Section 3 Amendment to rule 7

At the beginning of rule 7, for “The” substitute “Where practicable, the”.

Section 4 Amendments to rule 8

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.

Section 5 Amendments to rule 9

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.

Section 6 Amendment to rule 11

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).

Section 7 Amendment to rule 19

In rule 19(2)(c), for “to which communications may be sent” substitute “for service in accordance with rule 198”.

Section 8 Amendments to rule 27

(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.

Section 9 Amendment to rule 33

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.

Section 10 Amendment to rule 37

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.

Section 11 New rule 49

For rule 49 substitute—

Alteration of the cautions register by the registrar

(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.

Section 12 Amendment to rule 51

In rule 51(1), for “show him as” substitute “substitute him for the” and omit “in place of the cautioner”.

Section 13 New rule 52

For rule 52 substitute—

Definition of “the cautioner”

(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.

Section 14 Amendments to rule 54

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.

Section 15 Amendment to rule 58

In rule 58, omit “TP3,”.

Section 16 Amendment to rule 62

In rule 62(2), after “statutory declaration” insert “or statement of truth”.

Section 17 Amendment to rule 63

In rule 63(2), after “statutory declaration” insert “or statement of truth”.

Section 18 Amendment to rule 67

In rule 67(6), for the words “the covenant implied under section 4” substitute “a covenant implied under section 4(1)(b)”.

Section 19 New rule 68

For rule 68 substitute—

Additional provision as to implied covenants

(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 must do so by express reference to that section.

Section 20 New rule 70

For rule 70 substitute—

Description of land where mines or minerals situated

(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.

Section 21 New rule 71

For rule 71 substitute—

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

(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.

Section 22 New Rule 72

For rule 72 substitute—

Register entries arising from transfers and charges of part

(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.

Section 23 New rules 72B and 72C

After rule 72A, insert—

Entries in the tenant’s registered title in respect of notices in the landlord’s registered title

(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.

Register entries arising from other registrable dispositions

(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).

Section 24 New rule 73A to replace rules 73, 74 and 75

For rules 73, 74 and 75 substitute—

Application for register entries for legal easements and profits a prendre

(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.

Section 25 New rule 77

For rule 77 substitute—

No entry in the register of a right of entry in certain leases

(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.

Section 26 Revocation of rule 78

Rule 78 is revoked.

Section 27 New rule 79A

In Part 6, after rule 79 insert—

Acquisition of the right to manage by a RTM company

(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 .

Section 28 Amendment to rule 86

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.

Section 29 Amendment to rule 87

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.

Section 30 New rule 87A

After rule 87, insert—

Cancellation of a home rights notice

(87A) An application for the cancellation of a home rights notice must be made in Form HR4.

Section 31 Amendments to rule 91A

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.

(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.

Section 32 New rule 91B

After rule 91A, insert—

Where a certificate or consent under a restriction is given by a corporation

(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.

Section 33 Amendments to rule 92

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.

(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.

Section 34 Amendments to rule 93

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 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.

Section 35 Amendments to rule 94

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).

Section 36 Amendment to rule 96

In rule 96(5), after “must” insert “, if appropriate,”.

Section 37 New rule 98

For rule 98 substitute—

Applications to withdraw a restriction from the register

(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.

Section 38 Amendment to rule 107

In rule 107(6), omit the definition of “working day”.

Section 39 Amendment to rule 108

In rule 108(3), for “7” substitute “8”.

Section 40 New rule 111

For rule 111 substitute—

Certificate of registration of company charge

(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 or the Limited Liability Partnership Act (Northern Ireland) 2002 the applicant must produce to the registrar the appropriate certificate issued under section 869 or 885 of the Companies Act 2006 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.

Section 41 New rule 113

For rule 113 substitute—

Variation of the terms of a registered charge

(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.

Section 42 Amendment to rule 116

In rule 116, omit “TR3,”.

Section 43 New rule 116A

In Part 9, after rule 116 insert—

Information relating to deeds of postponement in respect of registered charges and noted charges

(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.

Section 44 Amendments to rule 119

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.

(c) at the end of paragraph (8)(b), for “and” substitute “or”.