The Land Registration Rules 2003

Procedure on an application for the determination of the exact line of a boundary E+W

119.—(1)  [F1 Subject to paragraph (2), where] the registrar is satisfied that—

(a) the plan, or plan and verbal description, supplied in accordance with rule 118(2)(a) identifies the exact line of the boundary claimed,

(b) the applicant has shown an arguable case that the exact line of the boundary is in the position shown on the plan, or plan and verbal description, supplied in accordance with rule 118(2)(a), and

(c) he can identify all the owners of the land adjoining the boundary to be determined and has an address at which each owner may be given notice,

he must give the owners of the land adjoining the boundary to be determined (except the applicant) notice of the application F2 ... and of the effect of paragraph (6).

[F3 (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.]

(3) Subject to paragraph (4), the time fixed by the notice to the owner of the land to object to the application shall be the period ending at 12 noon on the twentieth business day after the date of issue of the notice or such longer period as the registrar may decide before the issue of the notice.

(4) The period set for the notice under paragraph (3) may be extended for a particular recipient of the notice by the registrar following a request by that recipient, received by the registrar before that period has expired, setting out why an extension should be allowed.

(5) If a request is received under paragraph (4) the registrar may, if he considers it appropriate, seek the views of the applicant and if, after considering any such views and all other relevant matters, he is satisfied that a longer period should be allowed he may allow such period as he considers appropriate, whether or not the period is the same as any period requested by the recipient of the notice.

(6) Unless any recipient of the notice objects to the application to determine the exact line of the boundary within the time fixed by the notice (as extended under paragraph (5), if applicable), the registrar must complete the application.

(7) Where the registrar is not satisfied as to paragraph (1)(a), (b) and (c), he must cancel the application.

(8) In this rule, the “owner of the land” means—

(a) a person entitled to apply to be registered as the proprietor of an unregistered legal estate in land under section 3 of the Act,

(b) the proprietor of any registered estate or charge affecting the land, [F4 or]

(c) if the land is demesne land, Her Majesty.

Textual Amendments

F1 Words in rule 119(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 44(a) (with rule 5)

F2 Words in rule 119(1) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 44(a) (with rule 5)

F3 Rule 119(2) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 44(b) (with rule 5)

F4 Word in rule 119(8)(b) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 44(c) (with rule 5)