PART 5Miscellaneous

Matters affecting the public47

1

Where registered land is affected by any of the matters referred to in paragraph (2), the registration authority—

a

must, on an application made in accordance with this regulation, enter a note of the matter in the land section of the register; and

b

may enter such a note on its own initiative.

2

Those matters are—

a

a scheme made under Part 1 of the Commons Act 18999 or under the Metropolitan Commons Acts 1866 to 189810;

b

a local Act regulating the land;

c

an order of regulation made under the Commons Act 187611 and confirmed by a Provisional Order Confirmation Act;

d

a declaration made by deed under subsection (2) of section 193 of the Law of Property Act 192512 which declares that that section is to apply to the land;

e

a limitation and condition imposed under proviso (b) to section 193(1) of the Law of Property Act 1925;

f

an order made under Part 2 of the 2006 Act establishing a commons council.

3

An application under this regulation may be made by—

a

any local authority (other than the registration authority) in whose area any part of the land lies;

b

any person with a function relating to the management or regulation of the land, conferred by an instrument or enactment mentioned in paragraph (2)(a), (b) or (c); or

c

in the case of an application to note a matter referred to in paragraph (2)(d) or (e)—

i

the owner of any part of the land;

ii

any person appearing from the register to be entitled to exercise a right of common over the land;

4

Where a note is entered in a register pursuant to an application, the registration authority must send the applicant a copy of the entry.

5

A registration authority may cancel an entry under this regulation if it is satisfied on reasonable grounds that the matter to which the entry relates is no longer subsisting.