PART 4FIRST REGISTRATION
First registration–entry of beneficial rights33
1
The benefit of an appurtenant right may be entered in the register at the time of first registration if—
a
on examination of the title, or
b
on receipt of a written application providing details of the right and evidence of its existence,
the registrar is satisfied that the right subsists as a legal estate and benefits the registered estate.
2
If the registrar is not satisfied that the right subsists as a legal interest benefiting the registered estate, he may enter details of the right claimed in the property register with such qualification as he considers appropriate.
F13
The evidence referred to in paragraph (1)(b) may consist of, or include, a statement of truth, which may be made in Form ST4 if appropriate.