The Land Registration Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/1417

2003 No. 1417

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration Rules 2003

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 20021, 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 19932, sections 34(10) and 57(11) of the Leasehold Reform, Housing and Urban Development Act 19933, paragraph 4(4) of Schedule 4 to the Family Law Act 19964, and of all other powers enabling him in that behalf, hereby makes the following rules:

11 PRELIMINARY

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

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.

1 THE REGISTER OF TITLE

PART 1

THE REGISTER OF TITLE

Form and arrangement of the register of title
S-2 Form and arrangement of 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)

(a) an estate in land, or

(b)

(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
S-3 Individual registers and more than one registered estate, division and amalgamation

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)

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

(b)

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

(c)

(c) on the registration of a charge of part of the registered estate comprised in the registered title.

(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)

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

(b)

(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)

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

(b)

(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
S-4 Arrangement of individual registers

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
S-5 Contents of the property register

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

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

Property register of a registered leasehold estate
S-6 Property register of a registered leasehold estate

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
S-7 Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross

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
S-8 Contents of the proprietorship register

Contents of the proprietorship register

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

(a)

(a) the class of title,

(b)

(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 20005, its registered number,

(c)

(c) an address for service of the proprietor of the registered estate in accordance with rule 198,

(d)

(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)

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

(f)

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

(g)

(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)

(h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 19946entered under rule 67(6),

(i)

(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)

(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
S-9 Contents of the charges register

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,

(c) sufficient details to enable any registered charge to be identified,

(d) the name of the proprietor of any...

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