The Land Registration Rules 2003

PART 11 E+W QUALITY OF TITLE

Application to upgrade title under section 62 of the Act E+W

124.—(1) An application for the registrar to upgrade title under section 62 of the Act must be made in Form UT1.

(2) An application referred to in paragraph (1) must, except where made under sections 62(2), (4) or (5) of the Act, be accompanied by such documents as will satisfy the registrar as to the title.

(3) An application under section 62(2) of the Act must be accompanied by—

(a) such documents as will satisfy the registrar as to any superior title which is not registered,

(b) where any superior title is registered with possessory, qualified or good leasehold title, such evidence as will satisfy the registrar that that title qualifies for upgrading to absolute title, and

(c) evidence of any consent to the grant of the lease required from—

(i) any chargee of any superior title, and

(ii) any superior lessor.

(4) An application under section 62(3)(b) of the Act must, in addition to the documents referred to in paragraph (2), be accompanied by the documents listed at paragraph (3)(a) to (c).

(5) An application by a person entitled to be registered as the proprietor of the estate to which the application relates must be accompanied by evidence of that entitlement.

(6) An application by a person interested in a registered estate which derives from the estate to which the application relates must be accompanied by—

(a) details of the interest, and

(b) where the interest is not apparent from the register, evidence to satisfy the registrar of the applicant's interest.

Use of register to record defects in title E+W

125.—(1) An entry under section 64 of the Act that a right to determine a registered estate in land is exercisable shall be made in the property register.

(2) An application for such an entry must be supported by evidence to satisfy the registrar that the applicant has the right to determine the registered estate and that the right is exercisable.

(3) Subject to paragraph (4), the registrar must make the entry on receipt of an application which relates to a right to determine the registered estate on non-payment of a rentcharge.

(4) Before making an entry under this rule the registrar must give notice of the application to the proprietor of the registered estate to which the application relates and the proprietor of any registered charge on that estate.

(5) A person may apply to the registrar for removal of the entry if he is—

(a) the person entitled to determine the registered estate,

(b) the proprietor of the registered estate to which the entry relates,

(c) a person entitled to be registered as proprietor of that estate, or

(d) any other person whom the registrar is satisfied has an interest in the removal of the entry.

(6) An application for removal of the entry must be supported by evidence to satisfy the registrar that the right to determine the registered estate is not exercisable.