The Land Registration Rules 2003

[F1 Notice of required apportionment E+W

194B.— (1) The right of the proprietor of a registered estate under paragraph 10(1) of Schedule 6 to the Act to require a chargee to apportion the amount secured by a charge is exercisable by notice being given by the proprietor to the chargee.

(2) The notice referred to in paragraph (1) must—

(a) identify the proprietor and give an address for communications to him from the chargee,

(b) state that apportionment is required under paragraph 10 of Schedule 6 to the Act,

(c) identify the chargor and the date of the charge,

(d) state whether the valuations accompanying the notice were by a qualified surveyor appointed pursuant to a request under rule 194A and, if they were, state the effect of rule 194C(1), and

(e) be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargee.

(3) Subject to paragraph (4), the notice referred to in paragraph (1) must be accompanied by—

(a) valuations of the registered estate and of the other property subject to the charge by a qualified surveyor dated no earlier than two months before the notice is sent,

(b) the chargor’s written agreement to the valuations,

(c) an official copy of the individual register and title plan of the registered estate, and

(d) a copy of the individual register and title plan, supplied in response to an application under rule 144, in respect of the registered title which immediately before the registration under Schedule 6 to the Act comprised the registered estate, unless such a copy is unavailable.

(4) If the valuations of the registered estate and of the other property subject to the charge are by a qualified surveyor appointed pursuant to a request under rule 194A, the requirements in paragraph (3)(b), (c) and (d) do not apply.

(5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.]

Textual Amendments

F1 Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)