Explanatory Note
This note is not part of the Rules)
These Rules are made under the Land Registration Act 2002 (2002 c. 9) (the Act). The Act repeals the Land Registration Act 1925 (1925 c. 21). These Rules perform a similar function to the Land Registration Rules 1925 (S.R. & O. 1925/1093) made under the Land Registration Act 1925.
Part 1 of the Rules makes provisions about the form and arrangement of the register to be kept under the Act. Part 2 makes provision about the indices to be kept under the Act. Part 3 makes provisions about applications to the registrar and objections to them; Part 4 deals with applications for first registration of land. Part 5 of the Rules makes provisions about cautions against first registration. Part 6 makes further provisions about applications to the registrar, dispositions of registered land, and the making of miscellaneous entries in the register.
Part 7 of the Rules makes provisions about notices within the meaning of section 32 of the Act. Part 8 of, and Schedule 4 to, the Rules deal with restrictions within the meaning of section 40 of the Act. Part 9 makes provisions relating to charges. Part 10 of the Rules makes provisions about applications to the registrar to determine the exact line of a boundary, and agreements about accretion and diluvion. Part 11 of the Rules deals with applications to the registrar to upgrade the quality of title under section 62 of the Act and the use of the register to record defects in title. Part 12 makes provisions as to alterations of the register and correction of mistakes in an application or accompanying document.
Part 13 of, and Schedules 2, 5 and 6 to, the Rules make provisions about delivery of applications to the registrar by electronic means; inspection and copying of registers and documents; official copies; exempt information documents; and transitional period documents. The Part also deals with applications in connection with: court proceedings, insolvency and tax liability; information about the day list, electronic discharges of charges and inspection of title plans; historical information; official searches; and information requested about official searches.
Part 14 of the Rules covers a number of miscellaneous and special cases, and in particular makes provisions about (together with Schedule 7) strict settlements under the Settled Land Act 1925 (1925 c. 18) and (together with Schedule 8) applications for registration in connection with adverse possession of land and rentcharges.
Part 15 of the Rules makes provisions about: the content, address for service, and service of notices given by the registrar; use of specialist assistance by the registrar; production of documents to, and the making of orders for costs by, the registrar; the retention and return of documents by the registrar; the use of forms prescribed by the Rules; documents accompanying applications; and when the land registry is to be open to the public. Rule 217 is a general interpretation rule and Part 16 makes transitional provisions about cautions against dealings under the Land Registration Act 1925, and rentcharges.
Schedule 1 to the Rules contains the various Forms prescribed by them. Schedules 3 and 9 to the Rules prescribe certain forms of declaration, execution etc.
A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln's Inn Fields, London WC2A 3PH.