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The Land Registration Rules 2003, Section 88 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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88.—(1) A person entitled to the benefit of an interest protected by a unilateral notice may apply to be entered in the register in place of, or in addition to, the registered beneficiary.
(2) An application under paragraph (1) must be—
(a)in Form UN3, and
(b)accompanied by evidence to satisfy the registrar of the applicant's title to the interest protected by the unilateral notice.
(3) Subject to paragraph (4), if an application is made in accordance with paragraph (2) and the registrar is satisfied that the interest protected by the unilateral notice is vested—
(a)in the applicant, the registrar must enter the applicant in the register in place of the registered beneficiary, or
(b)in the applicant and the registered beneficiary, the registrar must enter the applicant in addition to the registered beneficiary.
(4) Except where one of the circumstances specified in paragraph (5) applies, the registrar must serve notice of the application on the registered beneficiary before entering the applicant in the register.
(5) The registrar is not obliged to serve notice on the registered beneficiary if—
(a)the registered beneficiary signs Form UN3 or otherwise consents to the application, or
(b)the applicant is the registered beneficiary's personal representative and evidence of his title to act accompanies the application.
(6) In this rule, “registered beneficiary” means the person shown in the register as the beneficiary of the notice at the time an application is made under paragraph (1).
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