Part 4 Notices and restrictions

Notices

34 Entry on application

1

A person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may, if the interest is not excluded by section 33, apply to the registrar for the entry in the register of a notice in respect of the interest.

2

Subject to rules, an application under this section may be for—

a

an agreed notice, or

b

a unilateral notice.

3

The registrar may only approve an application for an agreed notice if—

a

the applicant is the relevant registered proprietor, or a person entitled to be registered as such proprietor,

b

the relevant registered proprietor, or a person entitled to be registered as such proprietor, consents to the entry of the notice, or

c

the registrar is satisfied as to the validity of the applicant’s claim.

4

In subsection (3), references to the relevant registered proprietor are to the proprietor of the registered estate or charge affected by the interest to which the application relates.