United Kingdom Statutory Instruments

(a) an estate in land, or

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

(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.

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

(b) applications made under rule 14, or

(c) outline applications as defined in rule 54.

(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.

"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.

(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.

"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].".

(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.

(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.

(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.

(a) full details of the required restriction,

(b) if the restriction - 


(i) requires notice to be given to a person,

(ii) requires a person's consent or certificate, or

(iii) is a standard form of restriction that refers to a named person,



that person's address for service,

(c) if the application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, and that consent is not given in Form RX1, the relevant consent,

(d) if the application is made by or with the consent of a person entitled to be registered as the relevant registered proprietor, evidence to satisfy the registrar of his entitlement, and

(e) if the application is made by a person who claims that he has a sufficient interest in the making of the entry, the statement referred to in paragraph (3) signed by the applicant or his conveyancer.

    (3) The statement required under paragraph (2)(e) must either - 

(a) give details of the applicant's interest in the making of the entry of the required restriction, or

(b) if the interest is one of those specified in rule 93, state which of them.

    (4) If requested to do so, an applicant within paragraph (2)(e) must supply further evidence to satisfy the registrar that he has a sufficient interest.

    (5) The registrar may accept a certificate given by a conveyancer that the conveyancer is satisfied that the person making or consenting to the application is entitled to be registered as the relevant proprietor, and that either - 

(a) the conveyancer holds the originals of the documents that contain evidence of that person's entitlement, or

(b) an application for registration of that person as proprietor is pending at the land registry.

    (6) If an application is made with the consent of the relevant registered proprietor, or a person entitled to be registered as such proprietor, the registrar may accept a certificate given by a conveyancer that the conveyancer holds the relevant consent.

    (7) Paragraph (1) of this rule does not apply where - 

(a) a person applies for the entry of a standard form of restriction in the additional provisions panel of Form TP1, TP2, TP3, TR1, TR2, TR3, TR4, TR5, AS1, AS2 or AS3,

(b) a person applies for the entry of a standard form of restriction in panel 7 of Form CH1, or

(c) a person applies for the entry of a standard form of restriction in an approved charge.

(a) the proprietor of the statutory charge which gave rise to the entry, or

(b) the proprietor of a charge entered in the charges register of the affected registered title which, subject to the effect of the entry, would rank in priority to or have equal priority with that statutory charge under rule 101,

(a) a plan, or a plan and a verbal description, identifying the exact line of the boundary claimed and showing sufficient surrounding physical features to allow the general position of the boundary to be drawn on the Ordnance Survey map, and

(b) evidence to establish the exact line of the boundary.

(a) such documents as will satisfy the registrar as to any superior title which is not registered,

(b) where any superior title is registered with possessory, qualified or good leasehold title, such evidence as will satisfy the registrar that that title qualifies for upgrading to absolute title, and

(c) evidence of any consent to the grant of the lease required from - 


(i) any chargee of any superior title, and

(ii) any superior lessor.

    (4) An application under section 62(3)(b) of the Act must, in addition to the documents referred to in paragraph (2), be accompanied by the documents listed at paragraph (3)(a) to (c).

    (5) An application by a person entitled to be registered as the proprietor of the estate to which the application relates must be accompanied by evidence of that entitlement.

    (6) An application by a person interested in a registered estate which derives from the estate to which the application relates must be accompanied by - 

(a) details of the interest, and

(b) where the interest is not apparent from the register, evidence to satisfy the registrar of the applicant's interest.

(a) there is a mistake in the register,

(b) the register is not up to date, or

(c) there is an estate, right or interest excepted from the effect of registration that should be given effect to,

"commencement date" means the date of commencement of this Part,

"edited information document" means, where the registrar has designated a document an exempt information document, the edited copy of that document lodged under rule 136(2)(b),

"exempt information document" means the original and copies of a document so designated under rule 136(3),

"prejudicial information" means - 

(a) information that relates to an individual who is the applicant under rule 136 and if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, cause substantial unwarranted damage or substantial unwarranted distress to the applicant or another, or

(b) information that if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, prejudice the commercial interests of the applicant under rule 136,

"priority period" means - 

(a) where the application for an official search is entered on the day list before the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirtieth business day thereafter, and

(b) where the application for an official search is entered on the day list on or after the date referred to in rule 216(3), the period beginning at the time when that application is entered on the day list and ending at midnight marking the end of the thirty sixth business day thereafter,

"protectable disposition" means a registrable disposition (including one by virtue of rule 38) of a registered estate or registered charge made for valuable consideration,

"purchaser" means a person who has entered into or intends to enter into a protectable disposition as disponee,

"registrable estate or charge" means the legal estate and any charge which is sought to be registered as a registered estate or registered charge in an application for first registration,

"search from date" means - 

(a) the date stated on an official copy of the individual register of the relevant registered title, as the date on which the entries shown on that official copy were subsisting,

(b) the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting,

"transitional period" means the period of two years beginning with the commencement date,

"transitional period document" means - 

(a) a lease or charge or a copy lease or charge kept by the registrar since before the commencement date, where an entry referring to the lease or charge was made in the register of title before the commencement date, or

(b) any other document kept by the registrar which is not referred to in the register of title but relates to an application to the registrar and was received by the registrar before the commencement date.

Delivery of applications and issuing of certificates

(a) any exempt information document,

(b) any edited information document which has been replaced by another edited information document under rule 136(6),

(c) any Form EX1A,

(d) any Form CIT,

(e) any Form to which Form CIT has been attached under rule 140(3) or (4), and

(f) any document or copy of any document prepared by the registrar in connection with an application in a Form to which Form CIT has been attached under rule 140(3) or (4).

    (3) Subject to rule 132(1), an application under section 66 of the Act must be in Form PIC.

    (4) Where inspection and copying under this rule takes place at an office of the land registry it must be undertaken in the presence of a member of the land registry.

    (5) In paragraph (2) the references to Form EX1A and Form CIT and Forms to which Form CIT has been attached include any equivalent information provided under rule 132 and the reference to an application in a Form to which Form CIT has been attached includes an equivalent application made by virtue of rule 132.

(a) an official copy of an individual register,

(b) an official copy of any title plan referred to in an individual register,

(c) an official copy of an individual caution register and any caution plan referred to in it, and

(d) a certificate of inspection of any title plan.

    (2) Subject to rule 132(1), an application under paragraph (1) must be in Form OC1.

    (3) A separate application must be made in respect of each registered title or individual caution register.

    (4) Where, notwithstanding paragraph (3), an application is in respect of more than one registered title or individual caution register, but the applicant fails to provide a title number, or the title number provided does not relate to any part of the property in respect of which the application is made, the registrar may - 

(a) deal with the application as if it referred only to one of the title numbers relating to the property,

(b) deal with the application as if it referred to all of the title numbers relating to the property, or

(c) cancel the application.

(a) be made in Form EX1 and EX1A, and

(b) include a copy of the relevant document which excludes the prejudicial information and which is certified as being a true copy of the relevant document from which copy this information has been excluded.

    (3) Subject to paragraph (4), provided that the registrar is satisfied that the applicant's claim is not groundless he must designate the relevant document an exempt information document.

    (4) Where the registrar considers that designating the document an exempt information document could prejudice the keeping of the register, he may cancel the application.

    (5) Where a document is an exempt information document, the registrar may make an appropriate entry in the individual register of any affected registered title.

    (6) Where a document is an exempt information document and a further application is made under paragraph (1) which would, but for the existing designation, have resulted in its being so designated, the registrar must prepare another edited information document which excludes - 

(a) the information excluded from the existing edited information document, and

(b) any further information excluded from the edited information document lodged by the applicant.

    (7) In this rule a "relevant document" is a document - 

(a) referred to in the register of title, or one that relates to an application to the registrar, the original or a copy of which is kept by the registrar, or

(b) that will be referred to in the register of title as a result of an application (the "accompanying application") made at the same time as an application under this rule, or that relates to the accompanying application, the original or a copy of which will be or is for the time being kept by the registrar.

(a) to inspect or make copies of any document (including a form) within rule 133(2) and, during the transitional period, any transitional period document,

(b) for official copies of any document (including a form) within rule 135(2) and, during the transitional period, any transitional period document, and

(c) for a search in the index of proprietors' names in respect of the name of a person specified in the application.

    (3) Subject to rule 132(1), an application under paragraph (2) must be made in Form PIC, OC2 or PN1, as appropriate, with Form CIT attached.

    (4) A qualifying applicant who applies - 

(a) to inspect and make copies of registers and documents not within paragraph (2)(a) under section 66 of the Act,

(b) for official copies of registers and plans under rule 134(1) and of documents not within paragraph (2)(b) under rule 135,

(c) for an historical edition of a registered title under rule 144,

(d) for an official search of the index map under rule 145, or

(e) for an official search of the index of relating franchises and manors under rule 146,

(a) the discharge of a registered charge given by electronic means, or

(b) the release of part of a registered estate from a registered charge given by electronic means.

(a) the last edition for a specified day, or

(b) every edition for a specified day,

of a registered title, and of a registered title that has been closed, kept by the registrar in electronic form.

    (2) Subject to rule 132(1), an application under paragraph (1) must be made in Form HC1.

    (3) Subject to paragraph (4), if an application under paragraph (1) is in order and the registrar is keeping in electronic form an edition of the registered title for the day specified in the application, he must issue - 

(a) if the application is under paragraph (1)(a), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day, or

(b) if the application is under paragraph (1)(b), subject to rule 132(2), a paper copy of the edition of the registered title at the end of that day and any prior edition kept in electronic form of the registered title for that day.

    (4) Where only part of the edition of the registered title requested is kept by the registrar in electronic form he must issue, subject to rule 132(2), a paper copy of that part.

(a) an application for an official search is in order, and

(b) the applicant has not withdrawn the official search.

(a) in paper form, or

(b) under rule 132(2).

    (3) Subject to paragraph (4), an official search certificate without priority issued under paragraph (2) must include such information specified in Part 3 of Schedule 6 as the case may require and may be issued by reference to an official copy of the individual register of the relevant registered title.

    (4) If an official certificate of search is to be, or has been, issued in paper form under paragraph (2)(a), another official search certificate issued under paragraph (2)(b) in respect of the same application need only include the information specified at A, F, G and H of Part 3 of Schedule 6, as the case may require.

(a) there have been any relevant adverse entries made in the individual register since the search from date given in the application, or

(b) there is any relevant entry subsisting on the day list.

    (2) If an application under rule 147(3) has been made by telephone or orally by virtue of rule 132(1) in respect of a legal estate subject to a pending application for first registration, the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by telephone or orally, whether or not there is any relevant entry subsisting on the day list.

    (3) If an application under rule 147(3) or rule 155(2) has been made to the land registry computer system from a remote terminal by virtue of rule 132(1), the registrar may, before or after the official search has been completed, at his discretion, inform the applicant, by a transmission to the remote terminal, whether or not - 

(a) in the case of an official search of a registered title, there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), or

(b) in the case of an official search of a legal estate subject to a pending application for first registration, there have been any relevant entries of the kind referred to in paragraph (2).

    (4) Under this rule the registrar need not provide the applicant with details of any relevant entries.

(a) in paper form, or

(b) under rule 132(2).

"BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the [proprietor of the registered estate] or [the proprietor of the charge dated

---

referred to above] appears to be affected by a petition in bankruptcy against [name of debtor], presented in the [name] Court (Court Reference Number

---

) (Land Charges Reference Number PA

---

).".

"judgment opening insolvency proceedings" means a judgment opening proceedings within the meaning of article 3(1) of the Regulation,

(a) an application,

(b) the transfer to the Church Commissioners, and

(c) a certificate by the Church Commissioners in Form 4.

(a) a statutory declaration made by the applicant not more than one month before the application is taken to have been made, together with any supporting statutory declarations, to provide evidence of adverse possession of the registered estate in land or rentcharge against which the application is made for a period which if it were to continue from the date of the applicant's statutory declaration to the date of the application would be - 


(i) where the application is under paragraph 1, of not less than ten years (or sixty years, if paragraph 13 of Schedule 6 to the Act applies) ending on the date of the application, or

(ii) where the application is under paragraph 6, of not less than two years beginning with the date of rejection of the original application under paragraph 1 and ending on the date of the application,



(b) any additional evidence which the applicant considers necessary to support the claim.

    (2) The statutory declaration by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also - 

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge,

(b) if reliance is placed on paragraph 1(2) of Schedule 6 to the Act, contain the facts relied upon with any appropriate exhibits,

(c) contain confirmation that paragraph 1(3) of Schedule 6 to the Act does not apply,

(d) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues,

(e) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(f) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(g) if, should a person given notice under paragraph 2 of Schedule 6 to the Act require the application to be dealt with under paragraph 5 of that Schedule, it is intended to rely on one or more of the conditions set out in paragraph 5 of Schedule 6 to the Act, contain the facts supporting such reliance.

    (3) The statutory declaration by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also - 

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge or the extent is the same as in the previous rejected application,

(b) contain full details of the previous rejected application,

(c) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(d) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(e) contain confirmation that paragraph 6(2) of Schedule 6 to the Act does not apply, and

(f) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues.

(a) where paragraph 1(1)(a) of Schedule 8 applies, from the date of the rectification to the date of payment,

(b) where any other sub-paragraph of paragraph 1(1) of Schedule 8 applies, from the date the loss is suffered by reason of the relevant mistake, loss, destruction or failure to the date of payment,

but excluding any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.

    (3) Interest is payable at the applicable rate or rates set for court judgment debts.

    (4) Interest is payable in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8 from the date when the claimant pays them to the date of payment.

    (5) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.

(a) fix the time within which the recipient is to take any action required by the notice,

(b) state what the consequence will be of a failure to take such action as is required by the notice within the time fixed,

(c) state the manner in which any reply to the notice must be given and the address to which it must be sent.

(a) the examination of the whole or part of any title lodged with an application for first registration, or

(b) any question or other matter which arises in the course of any proceedings before the registrar and which, in his opinion, requires the advice of an appropriate specialist.

    (2) The registrar may act upon the advice or opinion of an appropriate specialist to whom he has referred a matter under paragraph (1).

    (3) In this rule, "appropriate specialist" means a person who the registrar considers has the appropriate knowledge, experience and expertise to advise on the matter referred to him.

(a) in paper form in Form PRD1 delivered to such office of the land registry as the registrar may direct, or

(b) during the currency of a relevant notice given under Schedule 2, and subject to and in accordance with the limitations contained in the notice, by delivering the request to the registrar, by any means of communication, other than as mentioned in sub-paragraph (a).

    (3) The registrar must give notice of the request to the document holder.

    (4) The address for the document holder provided in Form PRD1 is to be regarded for the purpose of rule 199 as an address for service given under rule 198(2)(h).

    (5) The notice must give the document holder a period ending at 12 noon on the twentieth business day after the issue of the notice, or such other period as the registrar thinks appropriate, to deliver a written response to the registrar by the method and to the address stated in the notice.

    (6) The response must - 

(a) state whether or not the document holder opposes the request,

(b) if he does, state in full the grounds for that opposition,

(c) give an address to which communications may be sent, and

(d) be signed by the document holder or his conveyancer.

    (7) The registrar must determine the matter on the basis of the request and any response submitted to him and, subject to paragraph (8), he may make the requirement by sending a notice in Form PRD2 to the document holder if he is satisfied that - 

(a) the document is in the control of the document holder, and

(b) the document may be relevant to the proceedings, and

(c) disclosure of the document is necessary in order to dispose fairly of the proceedings or to save costs,

(a) any document required to be lodged under Part 4,

(b) a scheduled form,

(c) a document that is a registrable disposition.

(a) to be registered as proprietor of the rentcharge, or

(b) for the registration of the rentcharge to be cancelled.

Signed by authority of the Lord Chancellor


Scotland of Asthal
QC
Parliamentary Secretary, Lord Chancellor's Department

19 May 2003