The Land Registration Rules 2003

Rule 191

SCHEDULE 8 E+W MODIFIED FORM OF SCHEDULE 6 TO THE ACT APPLICABLE TO REGISTERED RENTCHARGES

“Schedule 6 E+W REGISTRATION OF ADVERSE POSSESSOR

Right to apply for registration

1.— (1) A person may apply to the registrar to be registered as the proprietor of a registered rentcharge if he has been in adverse possession of the registered rentcharge for the period of ten years ending on the date of the application.

(2) However, a person may not make an application under this paragraph if—

(a) he is a defendant in proceedings by the registered proprietor of the registered rentcharge for recovery of the rent or to enter into possession of the land out of which the registered rentcharge issues,

(b) judgment in favour of the registered proprietor of the registered rentcharge in respect of proceedings of the nature mentioned in sub-paragraph (2)(a) has been given against him in the last two years, or

(c) the registered proprietor of the registered rentcharge of which that person was in adverse possession has entered into possession of the land out of which the registered rentcharge issues.

(3) For the purposes of sub-paragraph (1), the registered rentcharge need not have been registered throughout the period of adverse possession.

Notification of application

2.— (1) The registrar must give notice of an application under paragraph 1 to—

(a) the proprietor of the registered rentcharge to which the application relates,

(b) the proprietor of any registered charge on the registered rentcharge,

(c) where the registered rentcharge is leasehold, the proprietor of any superior registered rentcharge,

(d) any person who is registered in accordance with rules as a person to be notified under this paragraph, and

(e) such other persons as rules may provide.

(2) Notice under this paragraph shall include notice of the effect of paragraph 4.

Treatment of application

3.— (1) A person given notice under paragraph 2 may require that the application to which the notice relates be dealt with under paragraph 5.

(2) The right under this paragraph is exercisable by notice to the registrar given before the end of such period as rules may provide.

4.   If an application under paragraph 1 is not required to be dealt with under paragraph 5, the applicant is entitled to be entered in the register as the new proprietor of the registered rentcharge.

5.— (1) If an application under paragraph 1 is required to be dealt with under this paragraph, the applicant is only entitled to be registered as the new proprietor of the registered rentcharge if either of the following conditions is met.

(2) The first condition is that—

(a) it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to assert his title to the registered rentcharge against the applicant, and

(b) the circumstances are such that the applicant ought to be registered as the proprietor.

(3) The second condition is that the applicant is for some other reason entitled to be registered as the proprietor of the registered rentcharge.

Right to make further application for registration

6.— (1) Where a person's application under paragraph 1 is rejected, he may make a further application to be registered as the proprietor of the registered rentcharge if he is in adverse possession of the registered rentcharge from the date of the application until the last day of the period of two years beginning with the date of its rejection.

(2) However, a person may not make an application under this paragraph if—

(a)

he is a defendant in proceedings by the registered proprietor of the registered rentcharge for recovery of the rent or to enter into possession of the land out of which the registered rentcharge issues,

(b)

judgment in favour of the registered proprietor of the registered rentcharge in respect of proceedings of the nature mentioned in sub-paragraph (2)(a) has been given against him in the last two years, or

(c)

the registered proprietor of the registered rentcharge of which that person was in adverse possession has entered into possession of the land out of which the registered rentcharge issues.

7.   If a person makes an application under paragraph 6, he is entitled to be entered in the register as the new proprietor of the registered rentcharge.

Restriction on applications

8.— (1) No one may apply under this Schedule to be registered as the proprietor of a registered rentcharge during, or before the end of twelve months after the end of, any period in which the existing registered proprietor is for the purposes of the Limitation (Enemies and War Prisoners) Act 1945 (8 & 9 Geo. 6 c. 16)—

(a) an enemy, or

(b) detained in enemy territory.

(2) No-one may apply under this Schedule to be registered as the proprietor of a registered rentcharge during any period in which the existing registered proprietor is—

(a) unable because of mental disability to make decisions about issues of the kind to which such an application would give rise, or

(b) unable to communicate such decisions because of mental disability or physical impairment.

(3) For the purposes of sub-paragraph (2), mental disability means a disability or disorder of the mind or brain, whether permanent or temporary, which results in an impairment or disturbance of mental functioning.

(4) Where it appears to the registrar that sub-paragraph (1) or (2) applies in relation to a registered rentcharge, he may include a note to that effect in the register.

Effect of registration

9.— (1) Where a person is registered as the proprietor of a registered rentcharge in pursuance of an application under this Schedule, the title by virtue of adverse possession which he had at the time of the application is extinguished.

(2) Subject to sub-paragraph (3), the registration of a person under this Schedule as the proprietor of a registered rentcharge does not affect the priority of any interest affecting the registered rentcharge.

(3) Subject to sub-paragraph (4), where a person is registered under this Schedule as the proprietor of a registered rentcharge, the registered rentcharge is vested in him free of any registered charge affecting the registered rentcharge immediately before his registration.

(4) Sub-paragraph (3) does not apply where registration as proprietor is in pursuance of an application determined by reference to whether either of the conditions in paragraph 5 applies.

Apportionment and discharge of charges

10.— (1) Where—

(a) a registered rentcharge continues to be subject to a charge notwithstanding the registration of a person under this Schedule as the proprietor, and

(b) the charge affects property other than the registered rentcharge,

the proprietor of the registered rentcharge may require the chargee to apportion the amount secured by the charge at that time between the registered rentcharge and the other property on the basis of their respective values.

• (2)

• The person requiring the apportionment is entitled to a discharge of his registered rentcharge from the charge on payment of—

  (a)

  the amount apportioned to the registered rentcharge, and

  (b)

  the costs incurred by the chargee as a result of the apportionment.

(3) On a discharge under this paragraph, the liability of the chargor to the chargee is reduced by the amount apportioned to the registered rentcharge.

(4) Rules may make provision about apportionment under this paragraph, in particular, provision about—

(a) procedure,

(b) valuation,

(c) calculation of costs payable under sub-paragraph (2)(b), and

(d) payment of the costs of the chargor.

Meaning of “adverse possession”

11.— (1) A person is in adverse possession of a registered rentcharge for the purposes of this Schedule if, but for section 96, a period of limitation under section 15 of the Limitation Act 1980 (c. 58) would run in his favour in relation to the registered rentcharge.

(2) A person is also to be regarded for those purposes as having been in adverse possession of a registered rentcharge—

(a) where he is the successor in title to the registered rentcharge, during any period of adverse possession by a predecessor in title to that registered rentcharge,

or

(b) during any period of adverse possession by another person which comes between, and is continuous with, periods of adverse possession of his own.

(3) In determining whether for the purposes of this paragraph a period of limitation would run under section 15 of the Limitation Act 1980, there are to be disregarded—

(a) the commencement of any legal proceedings, and

(b) paragraph 6 of Schedule 1 to that Act.

Trusts

12.   A person is not to be regarded as being in adverse possession of a registered rentcharge for the purposes of this Schedule at any time when the registered rentcharge is subject to a trust, unless the interest of each of the beneficiaries in the registered rentcharge is an interest in possession.”