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PART IVN.I.DEALINGS WITH REGISTERED LAND

N.I.Modification and discharge of burdens

48Modification and discharge of burdens other than charges.N.I.

(1)A covenant or condition registered as a Schedule 6 burden pursuant to entry 12 in Part I of that Schedule [F1 may be—

(a)modified or discharged by the Registrar, with the consent of the persons concerned; or

(b)discharged by the court on being satisfied that the covenant or condition—

(i)does not run with the land; or

(ii)is not capable of being enforced against the owner of the land.]

(2)The Registrar may, on the production of such evidence and subject to such conditions as may be prescribed, modify or cancel any entry in[F2 the register] of any burden, being neither a charge nor a covenant or condition to which subsection (1) applies.

49Discharge, etc., of registered charges.N.I.

(1)The Registrar shall—

(a)at the request or with the concurrence of the registered owner of the charge; or

(b)on proof in the manner specified in subsection (2) or in such other manner as may be prescribed;

note on the[F3 title register]

(i)the satisfaction of a registered charge or of any part thereof;

(ii)the release of any part of registered land from a registered charge;

and, thereupon, the charge shall, to the extent so noted, cease to operate.

(2)For the purposes of subsection (1), the receipt of the registered owner of a charge shall be sufficient proof of the satisfaction of the charge or, as the case may be, of the part thereof, and a release signed by the registered owner of a charge, or, where the registered owner is a body corporate, under the seal of the body corporate, shall be sufficient proof of the release of any part of registered land subject to that charge.