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Statutory Instrument 1999 No. 128

The Land Registration Rules 1999

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


1999 No. 128


LAND REGISTRATION, ENGLAND AND WALES

The Land Registration Rules 1999

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 Made17th January 1999 
 Laid before Parliament25th January 1999 
 Coming into force1st July 1999 

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925[1], in exercise of the powers conferred on him by sections 18, 21, 41, 48, 54, 64, 86, 87 and 144 of that Act, hereby makes the following rules:

Citation, commencement and interpretation
    1. - (1) These rules may be cited as the Land Registration Rules 1999 and shall come into force on 1st July 1999.

    (2) In these rules-

    (a) "the principal rules" means the Land Registration Rules 1925[2], and

    (b) a rule referred to by number means the rule so numbered in the principal rules.

Amendments to the principal rules
    2. - (1) The principal rules have effect subject to the amendments in Schedule 1 to these rules.

    (2) Forms AP1 and DL set out in Schedule 2 to these rules are substituted for the forms so numbered in Schedule 1 to the principal rules.

    (3) The other forms set out in Schedule 2 to these rules are inserted into Schedule 1 to the principal rules in alpha-numeric order.

    (4) Schedule 2 to the principal rules has effect subject to the amendments in Schedule 3 to these rules.

Revocation
    3.Rules 114 and 202 and Forms 16, 20 to 22, 24 to 31, 34, 34A, 34B, 53, 56, 57, 63, 70 and 71 are revoked.



Signed by authority of the Lord Chancellor


G.W. Hoon
Minister of State Lord Chancellor's Department

Dated 17th January 1999



SCHEDULE 1
Rule 2(1)


AMENDMENTS TO THE PRINCIPAL RULES


    1.For rule 56 substitute-

    " Settled land; restriction required
        56.An application for registration of settled land shall be accompanied by an application for the proper restriction."

    2.In rule 68, for "Form 16" substitute "Form WCT".

    3.In rule 85A(1), for paragraphs (a), (b) and (c) substitute-

      " (a) a transfer, assent or charge of registered land,

      (b) a transfer, assent or sub-charge of a registered charge."

    4.For rule 98 substitute-

    " Form of transfer
        98.A transfer of the land in one or more registered titles shall be in Form TP1, TP2, TP3, TR1, TR2 or TR5 as the case may require."

    5.For rule 99 substitute-

    " Transfer of land into settlement
        99. - (1) A transfer of land into settlement shall include the following provisions, with any necessary alterations and additions:

        " The Transferor and the Transferee declare that:

        (a) the Property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties);

        (b) the trustees of the settlement are (names of trustees);

        (c) the power of appointment of new trustees is vested in (name);

        (d) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (set out additional powers).

      or if the tenant for life is a minor and the transferees are the statutory owners:

        (a) the Property is vested in the Transferee as statutory owners under a trust deed dated (date) and made between (parties);

        (b) the tenant for life is (name), a minor, who was born on (date);

        (c) the trustees of the settlement are (names);

        (d) during the minority of the tenant for life the power of appointment of new trustees is vested in the Transferee;

        (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (insert additional powers)."

        (2) An application for registration of a transfer of land into settlement shall be accompanied by an application for the proper restriction.

        (3) When the Registrar receives the application he shall register the transferee named in the transfer as the proprietor of the land and shall enter in the register the proper restriction."

    6.For rule 101 substitute-

    " Land bought with capital money
        101. - (1) Where registered land is acquired with capital money the transfer shall be in one of the forms prescribed by rule 98 and shall include the following provisions, with any necessary alterations and additions:

        " The Transferee declares that:

        (a) the consideration has been paid out of capital money;

        (b) the Property is vested in the Transferee upon the trusts declared in a trust deed dated (date) and made between (parties);

        (c) the trustees of the settlement are (names of trustees);

        (d) the power of appointment of new trustees is vested in (name);

        (e) the following powers relating to land are expressly conferred by the trust deed in addition to those conferred by the Settled Land Act 1925: (set out additional powers)."

        (2) An application for registration of a transfer of land acquired with capital money shall be accompanied by an application for the proper restriction."

    7.For rule 107 substitute-

    " Transfer of land in consideration of a rent
        107.On a transfer of land in consideration or partly in consideration of a rent, the rent shall be entered in the Charges Register as an incumbrance."

    8.Omit rule 109(2).

    9.For rule 111(1) substitute-

        " (1) This rule applies to transfers of land

      (a) without the mines and minerals,

      (b) with certain specified mines and minerals, or

      (c) with the mines and minerals, except certain specified mines and minerals."

    10.For rule 112(1) substitute-

        " (1) This rule applies to transfers, without the land, of

      (a) the mines and minerals,

      (b) certain specified mines and minerals, or

      (c) the mines and minerals, but excepting certain specified mines and minerals."

    11.For rule 116(1) substitute-

        " (1) A transfer of leasehold land in which the rent is legally apportioned or land is legally exonerated from it shall include in the additional provisions panel the following provisions, with any necessary alterations and additions:

      " Liability for the payment of [if applicable the previously apportioned rent of (amount) being part of] the rent reserved by the registered lease is apportioned between the Transferor and the Transferee as follows:

      (amount) shall be payable out of the Property and the balance shall be payable out of the land remaining in title number (title number of retained land) or

      the whole of that rent shall be payable out of the Property and none of it shall be payable out of the land remaining in title number (title number of retained land) or

      the whole of that rent shall be payable out of the land remaining in title number (title number of retained land) and none of it shall be payable out of the Property.""

    12.In rule 136-

    (a) in paragraph (1), for "in Form TR1, or in Form 20, as the case may require" substitute "in one of the forms prescribed by rule 98"; and

    (b) in paragraph (2) omit "Where the transfer is in Form TR1".

    13.For rule 151 substitute-

    " Discharges and releases
        151. - (1) A discharge of a registered charge shall be in Form DS1.

        (2) A release of part of the land from a registered charge shall be in Form DS3.

        (3) Any such discharge or release shall be executed as a deed or authenticated in such other manner as the Registrar may approve.

        (4) The Registrar shall be entitled to accept and act upon any other proof of satisfaction of a charge that he may deem sufficient.

        (5) An application to register a discharge in Form DS1 shall be made on Form AP1 or Form DS2 and an application to register a release in Form DS3 shall be made on Form AP1."

    14.For rule 153 substitute-

    " Transfer of a charge
        153.A transfer of a registered charge shall be in Form TR3 or TR4 as the case may require."

    15.In rule 170-

    (a) insert as paragraph (2)-

        " (2) An assent, appropriation or vesting assent shall be in Form AS1, AS2 or AS3 as the case may require."

    (b) for paragraph (3) substitute-

        " (3) A vesting assent shall contain the following provisions, with any necessary alterations and additions:

        " The Personal Representative and the Recipient declare that:

        (a) the Property is vested in the Recipient upon the trusts declared in the will of (name of deceased) proved on (date);

        (b) the trustees of the settlement are (names of trustees);

        (c) the power of appointment of new trustees is vested in (name);

        (d) the following powers relating to land are expressly conferred by the will in addition to those conferred by the Settled Land Act 1925: (set out additional powers)."

        (3A) An application for registration of a vesting assent shall be accompanied by an application for the proper restriction."

    16.In rule 186(3), after "except where the application is made by the proprietor" insert "or where the lease is binding on the proprietor".

    17.For rules 201 and 202 substitute-

    " Determination of noted incumbrances
        201. - (1) In this rule, "noted incumbrance" means a lease, rentcharge, easement, right or other interest which has not been registered under the Act, but which has been noted on the register as an incumbrance.

        (2) The determination of a noted incumbrance may be notified on the register on application.

        (3) The application shall be accompanied by the document (if any) creating the noted incumbrance, together with a sufficient release or discharge executed by the person named in that document as having the benefit of the noted incumbrance.

        (4) If there has been a dealing with or transmission of the noted incumbrance the application shall also be accompanied by sufficient evidence of the applicant's title, as in cases of examination of title on first registration.

        (5) If the noted incumbrance is a lease or rentcharge, the application shall be made on Form CN1.

        (6) In the case of a rentcharge determined by merger or release or a lease determined by merger, surrender or disclaimer the application shall be accompanied by a list in duplicate in Form DL of all documents delivered."

    18.In rule 215-

    (a) in paragraph (1), for "shall be in Form 63" substitute "and the declaration in support of that caution, shall be in Form CT2";

    (b) at the end of paragraph (2) add "and the declaration in support of the caution shall be in Form 14 or to the like effect, and shall contain a reference to the land to which it relates, and to the title number, and shall also state the nature of the cautioner's interest in the land."

    (c) omit paragraph (4).

    19.Omit rule 218(3).

    20.In rule 222, for "Form 71" substitute "Form WCT".

    21.For rule 266 substitute-

    " Production of land certificate and other documents
        266. - (1) A new land or charge certificate may be issued, without the production of the original certificate, in any of the cases mentioned in section 64(4) of the Act.

        (2) Before a new certificate is issued, the Registrar may give such notices and make such enquiries as he deems necessary in the circumstances.

    Deposit of documents
        266A.Form DP1 shall accompany a document placed on deposit at the Registry."

    22.At the end of rule 308A, add-

      " (f) "X" boxes may be omitted where all inapplicable statements and certificates have been omitted;

      (g) the sub-headings in an additional provisions panel may be added to, amended, repositioned or omitted;

      (h) "Seller" may be substituted for "Transferor" and "Buyer" for "Transferee" in a transfer on sale."



SCHEDULE 2
Rule 2(2)


FORMS TO BE INSERTED INTO SCHEDULE 1 TO THE PRINCIPAL RULES


Form AP1 - Page 1 of 2

Form AP1 - Page 2 of 2

Form AS3 - Page 1 of 4

Form AS3 - Page 2 of 4

Form AS3 - Page 3 of 4

Form AS3 - Page 4 of 4

Form CN1 - Page 1 of 2

Form CN1 - Page 2 of 2

Form CT2 - Page 1 of 2

Form CT2 - Page 2 of 2

Form DL - Page 1 of 2

Form DL - Page 2 of 2

Form DP1

Form DS3

Form TP1 - Page 1 of 4

Form TP1 - Page 2 of 4

Form TP1 - Page 3 of 4

Form TP1 - Page 4 of 4

Form TP2 - Page 1 of 4

Form TP2 - Page 2 of 4

Form TP2 - Page 3 of 4

Form TP2 - Page 4 of 4

Form TP3 - Page 1 of 2

Form TP3 - Page 2 of 2

Form TR5 - Page 1 of 2

Form TR5 - Page 2 of 2

Form WCT




SCHEDULE 3
Rule 2(3)


AMENDMENTS TO SCHEDULE 2 TO THE PRINCIPAL RULES


    1.In Form 23-

    (a) in the heading, for "Transfer" substitute "Declaration";

    (b) for "(Heading as in Form 20)" substitute-



    " H.M. LAND REGISTRY

    LAND REGISTRATION ACTS 1925 to 1986

    Administrative area


    Title No.


    Property


    Date
    ";

    (c) for "made between &c." substitute "made between A.B., tenant for life and C.D. and E.F., trustees of the Settlement";

    (d) for "(b) and (c) As in Form 21" substitute-

      " (b) The said C.D. and E.F. are the trustees of the Settlement.

      (c) The following powers relating to land are expressly conferred by the said trust deed in extension of those conferred by the Settled Land Act 1925 (fill in the powers, if any)."

    (e) for "And I apply (&c., as in Form 21)" substitute-

    " And I apply for the entry of the following restrictions:-

    Note. - These restrictions should correspond to those set out in Form 9 above.

          (To be executed as a deed.)"

    2.In Forms 51, 52, 58, 59, 69, 75, 76, 77 and 113, for "Form 20" substitute "Form 23".



EXPLANATORY NOTE

(This note is not part of the rules)


These rules amend the Land Registration Rules 1925 so as to:

    (a) make provision for new forms of transfer, assent and discharge of part, new forms of transfer and assent of a registered charge affecting part of the land in a registered title and new forms of transfer for a portfolio of titles;

    (b) make provision for new forms of application to cancel notice of an unregistered lease or rentcharge, to register a caution against dealings with a registered title, to withdraw a caution and to place documents on deposit;

    (c) make associated amendments to certain existing prescribed forms.

The rules also effect certain clarifications and minor improvements to the 1925 Rules.

The process of providing new forms is intended to be completed by further rules.


Notes:

[1] 1925 c. 21; section 144(1) was amended by the Administration of Justice Act 1982 (c. 53), section 67(1) and Schedule 5, paragraph (d). The reference to the Ministry of Agriculture, Fisheries and Food was substituted by the Transfer of Functions (Ministry of Food) Order 1955 (S.I. 1955/554).back

[2] S.R. & O. 1925/1093; relevant amending or revoking instruments are S.I. 1995/3153, 1996/2975, 1997/3037.back



ISBN 0 11 080498 8


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