THE COMMONHOLD (LAND REGISTRATION) RULES 2004

Statutory declaration

6.—(1) The statutory declaration referred to in rule 5(3) must comply with paragraphs (2) to (6).

(2) The declaration must list the consents, or orders of court dispensing with consent, that have been obtained under or by virtue of section 3 of the Act.

(3) Where there is a restriction entered in any individual register affected by the application, the declaration must confirm that either the restriction does not protect an interest in respect of which the consent of the holder is required or, if it does that the appropriate consent has been obtained.

(4) The declaration must confirm that—

(a) no other consents are required under or by virtue of section 3 of the Act,

(b) no consent has lapsed or been withdrawn, and

(c) if a consent is subject to conditions, all conditions have been fully satisfied.

(5) Where the application involves the extinguishment under section 22 of the Act of a charge that is the subject of an entry in the register the declaration must—

(a) identify the charge to be extinguished

(b) identify the title of the owner of the charge,

(c) give the name and address of the owner of the charge, and

(d) confirm that the consent of the owner of the charge has been obtained.

(6) The Registrar must accept the statutory declaration as conclusive evidence that no additional consents are required under or by virtue of section 3 of the Act and must cancel any entry in the register relating to an interest that has been identified in the statutory declaration to be extinguished.