33.—(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.
[F1(3) 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.]
Textual Amendments
F1Rule 33(3) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 9 (with rule 5)