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SCHEDULES

SCHEDULE 6E+WRegistration of adverse possessor

Apportionment and discharge of chargesE+W

10(1)Where—

(a)a registered estate 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 estate,

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

(2)The person requiring the apportionment is entitled to a discharge of his estate from the charge on payment of—

(a)the amount apportioned to the estate, 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 estate.

(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.