The Land Charges (Amendment) Rules 1995

New rule 19A

5.  There shall be inserted after rule 19 the following rule:

“Registration of land charges after death

19A.— (1) Where an application for registration is made by virtue of section 3(1A), section 5(4A) or section 6(2A) of the Act to register a matter in the name of a person who has died, the applicant shall complete the relevant form in Schedule 2 as if:

(i) the reference to particulars of estate owner in the form were to the particulars which the applicant would have given if the person who has died were still living;

(ii) the reference to the estate owner’s title were to the title to the estate affected or intended to be affected by the registration.

(2) The reference to the name and address of the estate owner whose land is affected in paragraph 1(iv), 2(iv) and 3(a)(iv) of Schedule 1 is, where the registration is made pursuant to an application to which paragraph (1) applies, to be treated as a reference to the particulars given in accordance with that paragraph.

(3) A reference in a form in Schedule 2 (other than in a form to which paragraph (1) applies or in Form K6) to particulars of estate owner is, where appropriate, to be treated as a reference to particulars entered in the relevant register in accordance with paragraph (2).”