PART 6REGISTERED LAND: APPLICATIONS, DISPOSITIONS AND MISCELLANEOUS ENTRIES

Applications

Duty to disclose unregistered interests that override registered dispositions57.

(1)

Subject to paragraph (2), a person applying to register a registrable disposition of a registered estate must provide information to the registrar about any of the interests that fall within Schedule 3 to the Act that—

(a)

are within the actual knowledge of the applicant, and

(b)

affect the estate to which the application relates,

in Form DI.

(2)

The applicant is not required to provide information about—

(a)

an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b)

a public right,

(c)

a local land charge, or

(d)

a leasehold estate in land if—

(i)

it is within paragraph 1 of Schedule 3 to the Act, and

(ii)

at the time of the application, the term granted by the lease has one year or less to run.

(3)

In this rule and in Form AP1, a “disclosable overriding interest” is an interest that the applicant must provide information about under paragraph (1).

(4)

The applicant must produce to the registrar any documentary evidence of the existence of a disclosable overriding interest that is under his control.

(5)

Where the applicant provides information about a disclosable overriding interest under this rule, the registrar may enter a notice in the register in respect of that interest.