The Land Registration Rules 1990

Explanatory Note

(This note is not part of the Rules)

These Rules:

(1) Provide that any person may apply to the proper office for:

(a) an official certificate of the result of search in the Index Map or General Map, Parcels Index and the list of pending applications for first registration;

(b) a personal inspection of the Index Map or General Map and the Parcels Index and to be informed whether there is a pending application for first registration;

prescribe the forms to be used for such purposes and revoke rules 12 and 286 of the Land Registration Rules 1925 (“the principal rules”) which previously regulated such applications.

(2) Provide:

(a) that during the currency of any notice given pursuant to rule 5(2) of these Rules and subject to and in accordance with the limitations contained in that notice, an application may be made by facsimile transmission to the proper office for:

(i) an office copy of the entries on the register or a title plan of a registered title or a certificate of official inspection of the filed plan;

(ii) an office copy of a document referred to in the register of a title;

(iii) an official certificate of the result of search of the Index Map;

and prescribe the forms to be used and make a consequential amendment to rule 296 of the principal rules (Office Copies of entries on register);

(b) that no other applications may be made by facsimile transmission.

(3) Amend the following rules of the principal rules:

(a) rule 1(5A) (which defines “proper office”) to refer to the Land Registration (District Registries) Order 1989 rather than to the Land Registration (District Registries) Order 1984;

(b) rules 24 and 83 (Delivery of applications) to provide that where an application under the principal rules would otherwise be required to be delivered under either of those rules to two or more proper offices it may be delivered to any one of those offices and if so delivered shall be treated as duly delivered to all of those proper offices;

(c) rule 85 (Date of delivery of applications) to refer to any proper office;

(d) rule 70 (Inspection of cautions) to provide that the registrar shall allow any person interested in any land which is affected by a caution against first registration to inspect the caution and the statutory declaration in support of it;

(e) rule 317 (Applications not in order) to provide that a pending application may be cancelled if a cheque given in payment of the application fee is dishonoured.