Legalize / United Kingdom / Statutory-Instrument

The Land Registration Rules 2003

Type Statutory-Instrument

Publication 2003-05-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 19th May 2003

Laid before Parliament: 5th June 2003

Coming into force in accordance with rule 1

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 127 of the Land Registration Act 2002 , in exercise of the powers conferred on him by sections 1(2), 6(6), 13(a), (b), 14(a), (b), 16(2), 18(1)(b), (2), (4), 19(2), 20(3)(a), (b), (c), 21(2)(a), (b), (c), (d), 22, 25(1), 27(6), 34(2), 35(3), 36(3), (4), 37(2), 39, 43(2)(a), (b), (c), (d), 44(2), 45(2), 46(4), 47(a), (b), 48(2)(a), (b), 49(2), (3)(b), (4)(b), 50, 57, 60(3), (4), 61(2), 64(2), 66(2), 67(3), 68(1)(d), (2)(a), (b), 69(2), 70, 71(a), (b), 72(6)(a), (b), 73(2), (3), (4), 75(2), 76(2), 81(2), 82, 86(3), 87(4), 89, 95(a) and 98(7) of, and paragraphs 2(2) and 7(3) of Schedule 2, paragraphs 4(a), (b), (c), and 7(a), (b), (c), (d) of Schedule 4, paragraphs 2(1)(d), 3(2), 14, and 15 of Schedule 6, paragraph 9 of Schedule 8, paragraphs 1(1)(a), (b), 3(a), (b), (c), 5, 6(a), (b), (c), (d), (e), 7, and 8 of Schedule 10, and paragraphs 2(4) and 18(5) of Schedule 12 to, the Land Registration Act 2002, sections 37(7) and 39(1) and (1A) of the Charities Act 1993 , sections 34(10) and 57(11) of the Leasehold Reform, Housing and Urban Development Act 1993 , paragraph 4(4) of Schedule 4 to the Family Law Act 1996 , and of all other powers enabling him in that behalf, hereby makes the following rules:

PRELIMINARY

Citation and commencement

1

These rules may be cited as the Land Registration Rules 2003 and shall come into force on the day that section 1 of the Act comes into force.

PART 1 — THE REGISTER OF TITLE

Form and arrangement of the register of title

2

(1) The register of title may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—

(a) an estate in land, or

(b) a rentcharge, franchise, manor or profit a prendre in gross,

vested in a proprietor.

Individual registers and more than one registered estate, division and amalgamation

3

(1) The registrar may include more than one registered estate in an individual register if the estates are of the same kind and are vested in the same proprietor.

(2) On first registration of a registered estate, the registrar may open an individual register for each separate area of land affected by the proprietor’s registered estate as he designates.

(3) Subsequently, the registrar may open an individual register for part of the registered estate in a registered title and retain the existing individual register for the remainder—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title, or

(4) The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title.

(5) Where the registrar has divided a registered title under paragraph (3)(b) or amalgamated registered titles or an estate on first registration with a registered title under paragraph (4)(b) he—

(a) must notify the proprietor of the registered estate and any registered charge, unless they have agreed to such action, and

(b) may make a new edition of any individual register or make entries on any individual register to reflect the division or amalgamation.

Arrangement of individual registers

4

(1) Each individual register must have a distinguishing number, or series of letters and numbers, known as the title number.

(2) Each individual register must consist of a property register, a proprietorship register and, where necessary, a charges register.

(3) An entry in an individual register may be made by reference to a plan or other document; in which case the registrar must keep the original or a copy of the document.

(4) Whenever the registrar considers it desirable, he may make a new edition of any individual register so that it contains only the subsisting entries, rearrange the entries in the register or alter its title number.

Contents of the property register

5

The property register of a registered estate must contain—

(a) a description of the registered estate which in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the title plan;

(b) where appropriate, details of—

(i) the inclusion or exclusion of mines and minerals in or from the registration under rule 32,

(ii) easements, rights, privileges, conditions and covenants benefiting the registered estate and other similar matters,

(iii) all exceptions arising on enfranchisement of formerly copyhold land, and

(iv) any other matter required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the property register, and

Property register of a registered leasehold estate

6

(1) The property register of a registered leasehold estate must also contain sufficient particulars of the registered lease to enable that lease to be identified.

(2) If the lease contains a provision that prohibits or restricts dispositions of the leasehold estate, the registrar must make an entry in the property register stating that all estates, rights, interests, powers and remedies arising on or by reason of a disposition made in breach of that prohibition or restriction are excepted from the effect of registration.

Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross

7

The property register of a registered estate in a rentcharge, franchise or a profit a prendre in gross must, if the estate was created by an instrument, also contain sufficient particulars of the instrument to enable it to be identified.

Contents of the proprietorship register

8

(1) The proprietorship register of a registered estate must contain, where appropriate—

(a) the class of title,

(b) the name of the proprietor of the registered estate including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000[^f00005], its registered number,

(d) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to the registered estate,

(e) notices under section 86(2) of the Act in relation to the registered estate,

(f) positive covenants by a transferor or transferee and indemnity convenants by a transferee entered under rules 64 or 65,

(g) details of any modification of the covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act entered under rule 66,

(h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 1994[^f00006] entered under rule 67(6),

(i) where the class of title is possessory, the name of the first proprietor of the registered estate and, where that proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number, and

(j) such other matters as are required to be entered in the proprietorship register by these rules.

(2) On first registration and on a subsequent change of proprietor, the registrar whenever practicable will enter in the proprietorship register the price paid or value declared and such entry will remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.

Contents of the charges register

9

The charges register of a registered estate must contain, where appropriate—

(a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration of the estate or created thereafter,

(b) any dealings with the interests referred to in paragraph (a), or affecting their priority, which are capable of being noted on the register,

(d) the name of the proprietor of any registered charge including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number,

(e) an address for service of the proprietor of any registered charge in accordance with rule 198,

(f) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to a registered charge,

(g) notices under section 86(2) of the Act in relation to a registered charge, and

(h) such other matters affecting the registered estate or any registered charge as are required to be entered in the charges register by these rules.

PART 2 — INDICES

Index to be kept under section 68 of the Act

10

(1) The index to be kept under section 68 of the Act must comprise—

(a) an index map from which it is possible to ascertain, in relation to a parcel of land, whether there is—

(i) a pending application for first registration (other than of title to a relating franchise),

(ii) a pending application for a caution against first registration (other than where the subject of the caution is a relating franchise),

(iii) a registered estate in land,

(iv) a registered rentcharge,

(v) a registered profit a prendre in gross,

(vi) a registered affecting franchise, or

(vii) a caution against first registration (other than where the subject of the caution is a relating franchise),

and, if there is such a registered estate or caution, the title number, and

(b) an index of verbal descriptions of—

(i) pending applications for first registration of title to relating franchises,

(ii) pending applications for cautions against first registration where the subject of the caution is a relating franchise,

(iii) registered franchises which are relating franchises,

(iv) registered manors, and

(v) cautions against first registration where the subject of the caution is a relating franchise,

and the title numbers of any such registered estates and cautions, arranged by administrative area.

(2) The information required to be shown in the index to be kept under section 68 is to be entered by the registrar in the index as soon as practicable.

Index of proprietors' names

11

(1) Subject to paragraph (2), the registrar must keep an index of proprietors' names, showing for each individual register the name of the proprietor of the registered estate and the proprietor of any registered charge together with the title number.

(2) Until every individual register is held in electronic form, the index need not contain the name of any corporate or joint proprietor of an estate or of a charge registered as proprietor prior to 1st May 1972.

(3) A person may apply in Form PN1 for a search to be made in the index in respect of either his own name or the name of some other person in whose property he can satisfy the registrar that he is interested generally (for instance as trustee in bankruptcy or personal representative).

(4) On receipt of such an application the registrar must make the search and supply the applicant with details of every entry in the index relating to the particulars given in the application.

The day list

12

(1) The registrar must keep a record (known as the day list) showing the date and time at which every pending application under the Act or these rules was made and of every application for an official search with priority under rule 147.

(2) The entry of notice of an application for an official search with priority must remain on the day list until the priority period conferred by the entry has ceased to have effect.

(3) Where the registrar proposes to alter the register without having received an application he must enter his proposal on the day list and, when so entered, the proposal will have the same effect for the purposes of rules 15 and 20 as if it were an application to the registrar made at the date and time of its entry.

(4) In this rule the term “pending application” does not include an application within Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

PART 3 — APPLICATIONS: GENERAL PROVISIONS

Form AP1

13

(1) Any application made under the Act or these rules for which no other application form is prescribed must be made in Form AP1.

(2) Paragraph (1) does not apply to—

(a) an application to remove from the register the name of a deceased joint registered proprietor,

(b) applications made under rule 14, or

Electronic delivery of applications

14

Any application to which rule 15 applies (other than an outline application under rule 54) may during the currency of any notice given under Schedule 2, and subject to and in accordance with the limitations contained in that notice, be delivered by electronic means and the applicant shall provide, in such order as may be required by that notice, such of the particulars required for an application of that type as are appropriate in the circumstances and as are required by the notice.

Time at which applications are taken to be made

15

(1) An application received on a business day is to be taken as made at the earlier of—

(a) the time of the day that notice of it is entered in the day list, or

(i) midnight marking the end of the day it was received if the application was received before 12 noon, or

(ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

(2) An application received on a day which is not a business day is to be taken as made at the earlier of—

(a) the time of a business day that notice of it is entered in the day list, or

(b) midnight marking the end of the next business day after the day it was received.

(3) In this rule an application is received when it is delivered—

(a) to the designated proper office in accordance with an order under section 100(3) of the Act, or

(b) to the registrar in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or

(4) This rule does not apply to applications under Part 13, other than an application that the registrar designate a document an exempt information document under rule 136.

Applications not in order

16

(1) If an application is not in order the registrar may raise such requisitions as he considers necessary, specifying a period (being not less than twenty business days) within which the applicant must comply with the requisitions.

(2) If the applicant fails to comply with the requisitions within that period, the registrar may cancel the application or may extend the period when this appears to him to be reasonable in the circumstances.

(3) If an application appears to the registrar to be substantially defective, he may reject it on delivery or he may cancel it at any time thereafter.

(4) Where a fee for an application is paid by means of a cheque and the registrar becomes aware, before that application has been completed, that the cheque has not been honoured, the application may be cancelled.

Additional evidence and enquiries

17

If the registrar at any time considers that the production of any further documents or evidence or the giving of any notice is necessary or desirable, he may refuse to complete or proceed with an application, or to do any act or make any entry, until such documents, evidence or notices have been supplied or given.

Continuation of application on a transfer by operation of law

18

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.