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The Land Registration (Amendment) Rules 2008

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Amendments to rule 94

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35.  In rule 94—

(a)in paragraph (1), for “A proprietor”, substitute “Subject to paragraph (9), a proprietor”,

(b)after paragraph (2), insert—

(2A) Where two or more persons apply to register a disposition of a registered estate in their favour or to be registered as proprietors of an unregistered estate, they must at the same time apply for a restriction in Form A if—

(a)the estate is a rentcharge, profit a prendre in gross, franchise or manor, and

(b)a sole proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money.,

(c)in paragraph (3), for “paragraph (6)” substitute “paragraphs (6) and (10)”,

(d)in paragraph (4), for “paragraphs (6) and (7)” substitute “paragraphs (6), (7) and (9)”, and

(e)after paragraph (8), add—

(9) Where there are two or more persons entered in the register as the proprietor of a registered estate, an application for the appropriate restriction by one or more of them satisfies the obligation in paragraph (1) or (4).

(10) Where there are two or more personal representatives of a deceased proprietor, an application for a restriction in Form C by one or more of them satisfies the obligation in paragraph (3)..

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