FORM 70.-Notice to a person who has lodged a Caution FORM 73.-Inhibition where the Incumbent of a Benefice is the .. FORM 74.-Certificate under s. 99 of the Act, as to a Disposition by 812 812 812 812 812 FORM 75.-Application to register a Restriction under s. 58 of the Act 813 FORM 76.-Application by a Personal Representative to register FORM 77.-Application to withdraw or modify a Restriction FORM 79-Land Certificate deposited in Registry 813 813 813 814 814 814 I, George Viscount Cave, Lord High Chancellor of Great Britain with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act, 1925, do, in exercise of the powers vested in me by that section and all other powers enabling me in this behalf, hereby make the following Rules. Inter pretation. PRELIMINARY. 1.-(1) In these rules "the Act" means the Land Registration Act, 1925, and words or expressions defined in the Act have the same meanings in these rules. (2) The Interpretation Act, 1889 (a) is to apply for the purpose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of Parliament, except so far as it may be inconsistent with the Act or these rules. (3) "Statutory declaration" includes affidavit. (4) hereto. 'Forms" in these rules, means the Forms in the Schedule (5) The "Companies Acts" mean the Companies Acts, 1908to 1917 (b) and any Acts replaced thereby. (6) The marginal notes to these rules shall not affect the construction thereof. (a) 52-3 V. c. 63. (b) 8 E. 7. c. 69; 3-4 G. 5. c. 25; 7-8 G. 5. cc. 18, 28. PART I. THE REGISTER. 2. The register shall consist of three parts, called the Parts of Property Register, the Proprietorship Register, and the Charges register Register. The title to each registered property shall bear a and title distinguishing number. 3. The Property Register shall contain number. (1) The description of the land and estate comprised in the Property title, with a reference to the General Map or to the filed Register. plan of the land referred to in Part V of these rules. (2) Such notes as have to be entered relating— (b) to exemption from any of the overriding interests men- (c) to easements, rights, privileges, conditions and covenants for the benefit of the land, and other like matters. from 4. Where land is removed from, or, with the consent of the Additions Registrar, added to a title, the register shall be cleared and a to and new edition thereof made showing the land comprised in the removals title after the addition or removal and the subsisting entries register. relating thereto, or, where for reasons of expense or otherwise this is not practicable, the register shall be amended to show the land which has been added or removed. and land 5.-(1) In the case of leasehold land there shall be entered Leasehold in the Property Register a reference to the registered lease, and land such particulars of the lease, and of the exceptions or reserva- rentcharges tions therefrom (if any) as the applicant may desire, and the subject Registrar approve; and a reference to the lessor's title, if thereto. registered. (2) In the case of rentcharges created by an instrument, that instrument shall be referred to in the Property Register. (3) Where land is acquired in consideration of the reservation of a rentcharge and the grant of the land contains any exceptions or reservations, that grant shall be referred to in the Property Register. 6. The Proprietorship Register shall state the nature of the Proprietortitle, and shall contain the name, address, and description of ship the proprietor of the land, and cautions, inhibitions, and restric- Register. tions affecting his right of disposing thereof. Charges Index Map 7. The Charges Register shall contain (a) incumbrances subsisting at the date of first registration; (b) subsequent charges, and other incumbrances (including notices of leases and other notices of adverse interests or claims permitted by the Act); (c) such notes as have to be entered relating to covenants, conditions, and other rights adversely affecting the land; (d) all such dealings with registered charges and incumbrances as are capable of registration. 8. (1) Index Maps shall be kept in the Registry which shall and Parcels show the position and extent of every registered estate, provided that, where practicable, the General Map shall be used for this purpose. Index. Index of names. (2) Where the General Map is used as the Index Map the current number under which each estate is registered shall be shown in the Parcels Index. (3) Where there is a separate Index Map, the number under which each estate was first registered shall be shown thereon, or, where practicable, the current title number. 9. There shall also be kept an Index of proprietors' names in proprietors' alphabetical order, showing the numbers of the titles, charges, or incumbrances of which the several persons appearing in it are proprietors. It shall be kept up to date by making all necessary alterations from day to day. Pending applications. Minor Inte 10. A list shall also be kept of pending applications to enter an estate in land on the register, showing the parish or place and the number of the application in each case. 11. (1) There shall also be kept an Index to be called the rests Index. Minor Interests Index in which all priority cautions and inhibitions relating to dealings with minor interests, which do not affect the powers of disposition of the proprietor, shall be entered. Documents open to inspection. (2) This Index shall be in such form and contain such particulars as the Registrar may from time to time determine. The entries therein shall not form part of the register, nor shall any purchaser be concerned with that Index. 12.-(1) The Index Maps, the General Map and the Parcels Index, and the list of pending applications, but no other book, map, plan or document, shall be open to general public inspection, at any time during office hours. (2) The Index of proprietor's names shall be open to the inspection of the registered proprietors only. Provided that if any person shall satisfy the Registrar that he is interested generally in the property of any proprietor-for instance, as his trustee in bankruptcy, or his personal representative-he may inspect that Index also. 13. Where any clerical error or error of a like nature is dis- Correction covered in the register, or in any plan or document referred to of register. therein, which can be corrected without detriment to any registered interest, the registrar may (if he thinks fit, and after giving any notices, and calling for any evidence or obtaining any assent he may deem proper) cause the necessary correction to be made. tions in error. 14. Where it is proved to the satisfaction of the Registrar Registrathat the whole of the land comprised in a title, or too large a part to be properly dealt with under the last preceding rule, has been registered in error, the Registrar may enter notice of the fact in the register, and he may either (a) with the consent of the proprietor and of all other persons appearing by the register to be interested in the land, or (b) after notice to the persons aforesaid and such inquiry, if any, as he may consider proper, and upon the production of such evidence as he may deem necessary; cancel the registration wholly or to the extent required. 15. For the purpose of these rules the Registrar may make Production such order as to the production of the land and charge certificates of (if any) as may be deemed necessary. certificates. 16. The Registrar may, at any time, after such inquiry and Cancellanotices, if any, as he may consider proper, and upon the pro- tion of duction of such evidence as is required by these rules or as he determined may deem necessary, withdraw from the register by cancella- entries. tion or otherwise any lease, incumbrance, charge, note, notice, or other entry, which he is satisfied has determined, or ceased, or been discharged, or for any other reason no longer affects or relates to registered land. gister. 17.-(1) The Registrar may, on the application of, or after New notice to the persons appearing by the register to be interested, editions of when he considers it practicable and desirable, clear the register the reby closing the same and making a new edition thereof containing the subsisting entries only, and may, in doing so, make any rearrangement that may appear to him conducive to clearness, including the division of the title into two or more titles and the altering of the number of the title. (2) Such arrangements shall be made as to the recalling of the land and charge certificates and for the issue of new certificates as may be necessary. (3) No fee shall be charged for clearing the register under this rule, unless it is done on the application of the parties at a time when there is no dealing with the land in respect of which a fee is payable. one or 18. Where several plots of land are vested in the same pro- Registra prietor they may be registered under one number or several tion under numbers as the Registrar may consider most convenient for the more numpurpose of saving expense and facilitating future transactions. bers. Form of application. Documents to be de PART II. FIRST REGISTRATION AND CONVERSION. General Provisions. 19. Application for first registration shall be made by delivering at the Registry a written application to the effect of Forms 1, 2, 3 or 5, as the case may require. 20. The application shall (unless the Registrar shall otherwise livered with direct) be accompanied by application for first registration. Lease and certified copy to (i) all such original deeds and documents relating to the title as the applicant has in his possession or under his control, including opinions of counsel, abstracts of title, contracts for or conditions of sale, requisitions, replies and other like documents, in regard to the title, (ii) a copy or sufficient abstract of the latest document of title, not being a document of record, (iii) sufficient particulars, by plan or otherwise, to enable the land to be fully identified on the Ordnance Map or Land Registry General Map, (iv) a list in triplicate of all documents delivered. 21. (1) In the case of leasehold land, a certified copy of the lease, or if approved by the Registrar, an abstract or other suffiaccompany cient evidence of its contents, shall be deposited with the application application. if the original lessee is the applicant, and in other cases likewise if required by the Registrar. Registration of a nominee. Foreshore. Applica tion book. Examina tion of title by Regis. trar. (2) In all cases the lease itself shall accompany the application if in the possession or control of the applicant. 22. When, the application is for registration in the name of a nominee, the consent in writing of the nominee shall be delivered with the application, together with a statement that the applicant is not in a fiduciary position in regard to the land. 23. Where any land included in an application for registration comprises foreshore, the fact shall be stated in the application, and such notices (if any) as may be required by Section 97 of the Act shall be served through the Registry. 24. Applications delivered at the Registry shall be entered in a book in the order in which they are delivered, and shall be numbered accordingly. 25. Where land is proposed to be registered with absolute or good leasehold title, the title shown by the documents accompanying the application shall be examined by or under the superintendence of the Registrar; and he may make such searches and enquiries and give such notices to tenants and occupiers and other persons as he may deem expedient. |