The Land Registration Rules 2003

PART 14 E+W MISCELLANEOUS AND SPECIAL CASES

Dispositions by operation of law within section 27(5) of the Act E+W

Applications to register dispositions by operation of law which are registrable dispositions E+W

161.—(1) Subject to paragraphs (2) and (3), an application to register a disposition by operation of law which is a registrable disposition must be accompanied by sufficient evidence of the disposition.

(2) Where a vesting order has been made, it must accompany the application.

(3) Where there is a vesting declaration to which section 40 of the Trustee Act 1925 M1 applies, the application must be accompanied by the deed of appointment or retirement, and—

(a) a certificate from the conveyancer acting for the persons making the appointment or effecting the retirement that they are entitled to do so, or

(b) such other evidence to satisfy the registrar that the persons making the appointment or effecting the retirement are entitled to do so.

Marginal Citations

M1 1925 c. 19.

Death of proprietor E+W

Transfer by a personal representative E+W

162.—(1) An application to register a transfer by a personal representative, who is not already registered as proprietor, must be accompanied by the original grant of probate or letters of administration showing him as the personal representative.

(2) The registrar shall not be under a duty to investigate the reasons a transfer of registered land by a personal representative of a deceased sole proprietor or last surviving joint proprietor is made nor to consider the contents of the will and, provided the terms of any restriction on the register are complied with, he must assume, whether he knows of the terms of the will or not, that the personal representative is acting correctly and within his powers.

Registration of a personal representative E+W

163.—(1) An application by a personal representative to become registered as proprietor of a registered estate or registered charge—

(a) in place of a deceased sole proprietor or the last surviving joint proprietor, or

(b) jointly with another personal representative who is already so registered, or

(c) in place of another personal representative who is already registered as proprietor,

must be accompanied by the evidence specified in paragraph (2).

(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is—

(a) the original grant of probate or letters of administration of the deceased proprietor showing the applicant as his personal representative, or

(b) a court order appointing the applicant as the deceased's personal representative, or

(c) (where a conveyancer is acting for the applicant) a certificate given by the conveyancer that he holds the original or an office copy of such grant of probate, letters of administration or court order.

(3) An application under paragraph (1)(c) must be accompanied by evidence to satisfy the registrar that the appointment of the personal representative whom the applicant is replacing has been terminated.

(4) When registering a personal representative of a deceased proprietor, the registrar must add the following after the personal representative's name—

“executor or executrix (or administrator or administratrix) of [name] deceased”.

(5) Before registering another personal representative as a result of an application made under paragraph (1)(b) the registrar must serve notice upon the personal representative who is registered as proprietor.

Death of joint proprietor E+W

164.  An application for alteration of the register by the removal from the register of the name of a deceased joint proprietor of a registered estate or registered charge must be accompanied by evidence of his death.

Bankruptcy of proprietor E+W

Bankruptcy notice E+W

165.—(1) The bankruptcy notice in relation to a registered estate must be entered in the proprietorship register and the bankruptcy notice in relation to a registered charge must be entered in the charges register in the following form—

“BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action, as the title of the [proprietor of the registered estate] or [the proprietor of the charge dated.................... referred to above] appears to be affected by a petition in bankruptcy against [name of debtor], presented in the [name] Court (Court Reference Number....................) (Land Charges Reference Number PA....................).”.

(2) The registrar must give notice of the entry of a bankruptcy notice to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act.

Bankruptcy restriction E+W

166.—(1) The bankruptcy restriction in relation to a registered estate must be entered in the proprietorship register and the bankruptcy restriction in relation to a registered charge must be entered in the charges register in the following form—

“BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002, as the title of [the proprietor of the registered estate] or [the proprietor of the charge dated.................... referred to above] appears to be affected by a bankruptcy order made by the [name] Court (Court Reference Number....................) against [name of debtor] (Land Charges Reference Number WO....................).

[No disposition of the registered estate] or [No disposition of the charge] is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the [registered estate] or [charge].”.

(2) The registrar must give notice of the entry of a bankruptcy restriction to the proprietor of the registered estate or registered charge to which it relates.

(3) In this rule, “bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

Action of the registrar in relation to bankruptcy entries E+W

167.—(1) Where the registrar is satisfied that—

(a) the bankruptcy order has been annulled, or

(b) the bankruptcy petition has been dismissed or withdrawn with the court's permission, or

(c) the bankruptcy proceedings do not affect or have ceased to affect the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered on the register,

he must as soon as practicable cancel any bankruptcy notice or bankruptcy restriction which relates to that bankruptcy order, to that bankruptcy petition or to those proceedings from the register.

(2) Where it appears to the registrar that there is doubt as to whether the debtor or bankrupt is the same person as the proprietor of the registered estate or registered charge in relation to which a bankruptcy notice or bankruptcy restriction has been entered, he must as soon as practicable take such action as he considers necessary to resolve the doubt.

(3) In this rule—

“bankruptcy notice” means the notice which the registrar must enter in the register under section 86(2) of the Act, and

“bankruptcy restriction” means the restriction which the registrar must enter in the register under section 86(4) of the Act.

Registration of trustee in bankruptcy E+W

168.—(1) Where—

(a) a proprietor has had a bankruptcy order made against him, or

(b) an insolvency administration order has been made in respect of a deceased proprietor,

and the bankrupt's or deceased's registered estate or registered charge has vested in the trustee in bankruptcy, the trustee may apply for the alteration of the register by registering himself in place of the bankrupt or deceased proprietor.

(2) The application must be supported by, as appropriate—

(a) the bankruptcy order relating to the bankrupt or the insolvency administration order relating to the deceased's estate, and

(b) a certificate signed by the trustee that the registered estate or registered charge is comprised in the bankrupt's estate or deceased's estate, and

(c) where the official receiver is the trustee, a certificate by him to that effect, and, where the trustee is another person, the evidence referred to in paragraph (3).

(3) The evidence referred to at paragraph (2)(c) is—

(a) his certificate of appointment as trustee by the meeting of the bankrupt's or deceased debtor's creditors, or

(b) his certificate of appointment as trustee by the Secretary of State, or

(c) the order of the court appointing him trustee.

(4) In this rule, “insolvency administration order” has the same meaning as in section 385(1) of the Insolvency Act 1986 M2 .

Marginal Citations

M2 1986 c. 45.

Trustee in bankruptcy vacating office E+W

169.—(1) This rule applies where—

(a) a trustee in bankruptcy, who has been registered as proprietor, vacates his office, and

(b) the official receiver or some other person has been appointed the trustee of the relevant bankrupt's estate, and

(c) the official receiver or that person applies to be registered as proprietor in place of the former trustee.

(2) The application referred to in paragraph (1)(c) must be supported by the evidence required by rule 168(2)(c).

Description of trustee in register E+W

170.  Where the official receiver or another trustee in bankruptcy is registered as proprietor, the words “Official Receiver and trustee in bankruptcy of [name]” or “Trustee in bankruptcy of [name]” must be added to the register, as appropriate.

Overseas insolvency proceedings E+W

Proceedings under the EC Regulation on insolvency proceedings E+W

171.—(1) A relevant person may apply for a note of a judgment opening insolvency proceedings to be entered in the register.

(2) An application under paragraph (1) must be accompanied by such evidence as the registrar may reasonably require.

(3) Following an application under paragraph (1) if the registrar is satisfied that the judgment opening insolvency proceedings has been made he may enter a note of the judgment in the register.

(4) In this rule—

“judgment opening insolvency proceedings” means a judgment opening proceedings within the meaning of article 3(1) of the Regulation,

“Regulation” means Council Regulation (EC) No 1346/2000 M3 ,

“relevant person” means any person or body authorised under the provisions of article 22 of the Regulation to request or require an entry to be made in the register in respect of the judgment opening insolvency proceedings the subject of the application.

Marginal Citations

M3 OJ No. L160, 30.6.00. p. 1.

Pending land actions, writs and orders E+W

Benefit of pending land actions, writs and orders E+W

172.—(1) For the purposes of section 34(1) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(2) In determining whether a person has a sufficient interest in the making of an entry of a restriction under section 43(1)(c) of the Act, a relevant person shall be treated as having the benefit of the pending land action, writ or order, as appropriate.

(3) In this rule, “a relevant person” means a person (or his assignee or chargee, if appropriate) who is taking any action or proceedings which are within section 87(1)(a) of the Act, or who has obtained a writ or order within section 87(1)(b) of the Act.

The Crown E+W

Escheat etc E+W

173.—(1) Where a registered freehold estate in land has determined, the registrar may enter a note of that fact in the property register and in the property register of any inferior affected registered title.

(2) Where the registrar considers that there is doubt as to whether a registered freehold estate in land has determined, the entry under paragraph (1) must be modified by a statement to that effect.

Church of England E+W

Entry of Incumbent on a transfer to the Church Commissioners E+W

174.—(1) Where by virtue of any Act or Measure a transfer to the Church Commissioners has the effect, subject only to being completed by registration, of vesting any registered land either immediately or at a subsequent time in an incumbent or any other ecclesiastical corporation sole, the registrar must register the incumbent or such other ecclesiastical corporation as proprietor upon receipt of—

(a) an application,

(b) the transfer to the Church Commissioners, and

(c) a certificate by the Church Commissioners in Form 4.

(2) The certificate in Form 4 may be given either in the transfer or in a separate document.

(3) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

Entry of Church Commissioners etc as proprietor E+W

175.—(1) When any registered land is transferred to or (subject only to completion by registration) vested in the Church Commissioners, any ecclesiastical corporation, aggregate or sole, or any other person, by—

(a) a scheme of the Church Commissioners, or

(b) an instrument taking effect on publication in the London Gazette made pursuant to any Act or Measure relating to or administered by the Church Commissioners, or

(c) any transfer authorised by any such Act or Measure,

the registrar must, on application, register the Church Commissioners, such ecclesiastical corporation or such other person as proprietor.

(2) The application must be accompanied by—

(a) a certificate by the Church Commissioners in Form 5, and

(b) (i) a copy of the London Gazette publishing the instrument, or

(ii) the transfer (if any).

(3) The certificate in Form 5 may be given either in the transfer or in a separate document.

(4) In this rule, “Measure” means a Measure of the National Assembly of the Church of England or of the General Synod of the Church of England.

Charities E+W

Non-exempt charities—restrictions E+W

176.—(1) The restriction which the registrar is required by section 37(8) or section 39(1B) of the Charities Act 1993 M4 to enter in the register where one of those subsections applies must be the appropriate restriction.

(2) Any of the following applications must, if they relate to a registered or unregistered estate held by or in trust for a non-exempt charity, be accompanied by an application for entry of the appropriate restriction unless, in the case of a registered estate, that restriction is already in the register—

(a) an application for first registration of an unregistered estate unless the disposition which triggers the requirement of registration is effected by an instrument containing the statement set out in rule 179(b) or rule 180(2)(b) or (c),

(b) an application to register a transfer of a registered estate unless the disposition is effected by an instrument containing the statement set out in rule 179(b),

(c) an application under rule 161 to register the vesting of a registered estate in a person other than the proprietor of that estate.

(3) Where a registered estate is held by or in trust for a corporation and the corporation becomes a non-exempt charity, the charity trustees must apply for entry of the appropriate restriction.

(4) In this rule “the appropriate restriction” means a restriction in Form E.

Marginal Citations

M4 1993 c. 10.

Registration of trustees incorporated under Part VII of the Charities Act 1993 E+W

177.  In any registrable disposition in favour of charity trustees incorporated under Part VII of the Charities Act 1993 they must be described as “a body corporate under Part VII of the Charities Act 1993” and the application to register the disposition must be accompanied by the certificate granted by the Charity Commissioners under section 50 of that Act.

Registration of official custodian E+W

178.—(1) An application to register the official custodian as proprietor of a registered estate or a registered charge must be accompanied by—

(a) an order of the court made under section 21(1) of the Charities Act 1993, or

(b) an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993.

(2) Where the estate or charge is vested in the official custodian by virtue of an order under section 18 of the Charities Act 1993, an application to register him as proprietor (whether under Chapter 1 of Part 2 of the Act or following a registrable disposition) must be accompanied by an application for the entry of a restriction in Form F.

(3) Where the official custodian is registered as proprietor of a registered estate or a registered charge, except where the estate or charge is vested in him by virtue of an order under section 18 of the Charities Act 1993, the address of the charity trustees or, where the registered estate or registered charge is held on behalf of a charity which is a corporation, the address of the charity, must be entered in the register as his address for service under rule 198.

Statements to be contained in dispositions in favour of a charity E+W

179.  The statement required by section 37(5) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) will, as a result of this transfer (or as the case may be) be held by (or in trust for) (charity), a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to section 36(9) of that Act).”.

Statements to be contained in dispositions by a charity E+W

180.—(1) The statement required by section 37(1) of the Charities Act 1993 must, in an instrument to which section 37(7) of that Act applies, be in one of the following forms—

(a) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), an exempt charity.”

(b) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, but this transfer (or as the case may be) is one falling within paragraph ((a), (b) or (c) as the case may be) of section 36(9) of the Charities Act 1993.”

(c) “The land transferred (or as the case may be) is held by [(proprietors) in trust for] (charity), a non-exempt charity, and this transfer (or as the case may be) is not one falling within paragraph (a), (b) or (c) of section 36(9) of the Charities Act 1993, so that the restrictions on disposition imposed by section 36 of that Act apply to the land.”.

(2) The statement required by section 39(1) of the Charities Act 1993 must, in a mortgage which is a registrable disposition or to which section 4(1)(g) of the Act applies, be in one of the following forms—

(a) “The land charged is held by (or in trust for) (charity), an exempt charity.”

(b) “The land charged is held by (or in trust for) (charity), a non-exempt charity, but this charge (or mortgage) is one falling within section 38(5) of the Charities Act 1993.”

(c) “The land charged is held by (or in trust for) (charity), a non-exempt charity, and this charge (or mortgage) is not one falling within section 38(5) of the Charities Act 1993, so that the restrictions imposed by section 38 of that Act apply.”.

(3) The statement required by section 39(1A)(b) of the Charities Act 1993 must be in the following form—

“The restrictions on disposition imposed by section 36 of the Charities Act 1993 also apply to the land (subject to section 36(9) of that Act).”.

Companies and other corporations E+W

Registration of companies and limited liability partnerships E+W

181.—(1) Where a company registered in England and Wales or Scotland under the Companies Acts applies to be registered as proprietor of a registered estate or of a registered charge, the application must state the company's registered number.

(2) If the company is a registered social landlord within the meaning of the Housing Act 1996 M5 , the application must also contain or be accompanied by a certificate to that effect.

(3) If the company is an unregistered housing association within the meaning of the Housing Associations Act 1985 M6 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must also contain or be accompanied by a certificate to that effect.

(4) Where a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 M7 applies to be registered as proprietor of a registered estate or of a registered charge, the application must state the limited liability partnership's registered number.

Marginal Citations

M5 1996 c. 52.

M6 1985 c. 69.

M7 2000 c. 12.

Registration of trustees of charitable, ecclesiastical or public trust E+W

182.—(1) Subject to paragraph (4), where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts applies to be registered as proprietor of a registered estate or registered charge, the application must be accompanied by the document creating the trust.

(2) If the registered estate or registered charge to which the application relates is held on trust for a registered social landlord within the meaning of the Housing Act 1996, the application must also contain or be accompanied by a certificate to that effect.

(3) If the registered estate or registered charge to which the application relates is held on trust for an unregistered housing association within the meaning of the Housing Associations Act 1985 and is grant-aided land as defined in Schedule 1 to that Act, the application must also contain or be accompanied by a certificate to that effect.

(4) Paragraph (1) of this rule does not apply in the case of a registered estate or a registered charge held by or in trust for a non-exempt charity.

Registration of other corporations E+W

183.—(1) Where a corporation aggregate, to which rules 181 and 182 do not apply, makes an application to be registered as proprietor of a registered estate or registered charge the application must also be accompanied by evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with land and, in the case of a charge, to lend money on mortgage.

(2) The evidence must include the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, together with such further evidence as the registrar may require.

(3) If the corporation is a registered social landlord within the meaning of the Housing Act 1996, the application must contain or be accompanied by a certificate to that effect.

(4) If the corporation is an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must contain or be accompanied by a certificate to that effect.

Administration orders and liquidation of a company E+W

184.—(1) Paragraph (2) applies where a company which is the registered proprietor of a registered estate or registered charge [F1 enters administration] under the Insolvency Act 1986 M8 .

(2) Upon the application of the company's administrator, supported by the order [F2 or the notice of appointment], the registrar must make an entry in the individual register of the relevant registered title as to the making of the order [F2 or the notice of appointment] and the appointment of the administrator.

(3) Paragraphs (4) and (5) apply where a company which is the registered proprietor of a registered estate or registered charge is in liquidation.

(4) Upon the application of the company's liquidator, the registrar must make an entry in the individual register of the relevant registered title as to the appointment of the liquidator.

(5) The application under paragraph (4) must be supported by the order, appointment by the Secretary of State or resolution under which the liquidator was appointed and such other evidence as the registrar may require.

Textual Amendments

F1 Words in rule 184(1) substituted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 1(1), Sch. para. 80(a) (with art. 6)

F2 Words in rule 184(1) inserted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 1(1), Sch. para. 80(b) (with art. 6)

Marginal Citations

M8 1986 c. 45.

Note of dissolution of a corporation E+W

185.  Where a corporation shown in an individual register as the proprietor of the registered estate or of a registered charge has been dissolved, the registrar may enter a note of that fact in the proprietorship register or in the charges register, as appropriate.

Settlements E+W

Settlements E+W

186.  Schedule 7 (which makes provision for the purposes of the Act in relation to the application to registered land of the enactments relating to settlements under the Settled Land Act 1925 M9 ) has effect.

Marginal Citations

M9 1925 c. 18.

Adverse Possession E+W

Interpretation E+W

187.  Where the application is to be registered as proprietor of a registered rentcharge, the references in rules 188, 189, 190, 192 and 193 to Schedule 6 to the Act are to Schedule 6 as applied by rule 191.

Applications for registration—procedure E+W

188.—(1) An application under paragraphs 1 or 6 of Schedule 6 to the Act must be in Form ADV1 and be accompanied by—

(a) a statutory declaration made by the applicant not more than one month before the application is taken to have been made, together with any supporting statutory declarations, to provide evidence of adverse possession of the registered estate in land or rentcharge against which the application is made for a period which if it were to continue from the date of the applicant's statutory declaration to the date of the application would be—

(i) where the application is under paragraph 1, of not less than ten years (or sixty years, if paragraph 13 of Schedule 6 to the Act applies) ending on the date of the application, or

(ii) where the application is under paragraph 6, of not less than two years beginning with the date of rejection of the original application under paragraph 1 and ending on the date of the application,

(b) any additional evidence which the applicant considers necessary to support the claim.

(2) The statutory declaration by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also—

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge,

(b) if reliance is placed on paragraph 1(2) of Schedule 6 to the Act, contain the facts relied upon with any appropriate exhibits,

(c) contain confirmation that paragraph 1(3) of Schedule 6 to the Act does not apply,

(d) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues,

(e) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(f) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(g) if, should a person given notice under paragraph 2 of Schedule 6 to the Act require the application to be dealt with under paragraph 5 of that Schedule, it is intended to rely on one or more of the conditions set out in paragraph 5 of Schedule 6 to the Act, contain the facts supporting such reliance.

(3) The statutory declaration by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also—

(a) exhibit a plan enabling the extent of the land to be identified on the Ordnance Survey map, unless the application is to be registered as proprietor of a registered rentcharge or the extent is the same as in the previous rejected application,

(b) contain full details of the previous rejected application,

(c) contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,

(d) contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),

(e) contain confirmation that paragraph 6(2) of Schedule 6 to the Act does not apply, and

(f) where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues.

Time limit for reply to a notice of an application E+W

189.  The period for the purpose of paragraph 3(2) of Schedule 6 to the Act is the period ending at 12 noon on the sixty-fifth business day after the date of issue of the notice.

Notice under paragraph 3(2) of Schedule 6 to the Act E+W

190.—(1) A notice to the registrar under paragraph 3(2) of Schedule 6 to the Act from a person given a registrar's notice must be—

(a) in Form NAP, and

(b) given to the registrar in the manner and at the address stated in the registrar's notice.

(2) Form NAP must accompany a registrar's notice.

(3) In this rule a “registrar's notice“ is a notice given by the registrar under paragraph 2 of Schedule 6 to the Act.

Adverse possession of rentcharges E+W

191.  Schedule 6 to the Act applies to the registration of an adverse possessor of a registered rentcharge in the modified form set out in Schedule 8.

Adverse possession of a rentcharge; non-payment of rent E+W

192.—(1) This rule applies where—

(a) a person is entitled to be registered as proprietor of a registered rentcharge under Schedule 6 to the Act, and

(b) if that person were so registered he would not be subject to a registered charge or registered lease or other interest protected in the register, and

(c) that person's adverse possession is based on non-payment of rent due under the registered rentcharge.

(2) Where paragraph (1) applies the registrar must—

(a) close the whole of the registered title of the registered rentcharge, or

(b) cancel the registered rentcharge, if the registered title to it also comprises other rentcharges.

Prohibition of recovery of rent after adverse possession of a rentcharge E+W

193.—(1) When—

(a) a person has been registered as proprietor of a rentcharge, or

(b) the registered title to a rentcharge has been closed, or

(c) a registered rentcharge has been cancelled, where the registered title also comprises other rentcharges,

following an application made under Schedule 6 to the Act, and, if appropriate, closure or cancellation under rule 192, no previous registered proprietor of the rentcharge may recover any rent due under the rentcharge from a person who has been in adverse possession of the rentcharge.

(2) Paragraph (1) applies whether the adverse possession arose either as a result of non-payment of the rent or by receipt of the rent from the person liable to pay it.

Registration as a person entitled to be notified of an application for adverse possession E+W

194.—(1) Any person who can satisfy the registrar that he has an interest in a registered estate in land or a registered rentcharge which would be prejudiced by the registration of any other person as proprietor of that estate under Schedule 6 to the Act or as proprietor of a registered rentcharge under that Schedule as applied by rule 191 may apply to be registered as a person to be notified under paragraph 2(1)(d) of Schedule 6.

(2) An application under paragraph (1) must be made in Form ADV2.

(3) The registrar must enter the name of the applicant in the proprietorship register as a person entitled to be notified under paragraph 2 of Schedule 6 to the Act.

Indemnity; interest on E+W

Payment of interest on an indemnity E+W

195.—(1) Subject to paragraph (4), interest is payable on the amount of any indemnity paid under Schedule 8 to the Act for the period specified in paragraph (2) at the rate specified in paragraph (3).

(2) Interest is payable—

(a) where paragraph 1(1)(a) of Schedule 8 applies, from the date of the rectification to the date of payment,

(b) where any other sub-paragraph of paragraph 1(1) of Schedule 8 applies, from the date the loss is suffered by reason of the relevant mistake, loss, destruction or failure to the date of payment,

but excluding any period or periods where the registrar or the court is satisfied that the claimant has not taken reasonable steps to pursue with due diligence the claim for indemnity or, where relevant, the application for rectification.

(3) Interest is payable at the applicable rate or rates set for court judgment debts.

(4) Interest is payable in respect of an indemnity on account of costs or expenses within paragraph 3 of Schedule 8 from the date when the claimant pays them to the date of payment.

(5) A reference in this rule to a period from a date to the date of payment excludes the former date but includes the latter date.

Statements under the Leasehold Reform, Housing and Urban Development Act 1993 E+W

Statements in transfers or conveyances and leases under the Leasehold Reform, Housing and Urban Development Act 1993 E+W

196.—(1) The statement required by section 34(10) of the Leasehold Reform, Housing and Urban Development Act 1993 M10 to be contained in a conveyance executed for the purposes of Chapter I of Part I of that Act must be in the following form:

“This conveyance (or transfer) is executed for the purposes of Chapter I of Part I of the Leasehold Reform, Housing and Urban Development Act 1993.”.

(2) The statement required by section 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 to be contained in any new lease granted under section 56 of that Act must be in the following form:

“This lease is granted under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993.”.

Marginal Citations

M10 1993 c. 28.