Additional provisions as to implied covenants77A

1

In this rule “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994.

2

Any covenant implied by virtue of Part I of the 1994 Act in a registered disposition shall take effect as if the disposition had been expressly made subject to:—

a

all charges and other interests appearing or protected on the register at the time of the execution of the disposition and affecting the title of the registered proprietor;

b

any overriding interest of which the person to whom the disposition is made has notice and which will affect the estate created or disposed of when the disposition is registered.

3

Where the instrument effecting a registered disposition contains a provision limiting or extending any covenant implied by virtue of Part I of the 1994 Act express reference shall be made to the section of that Act in which the covenant is set out.