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The Housing (Preservation of Right to Buy) Regulations 1993

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Registration of title on qualifying disposal

2.—(1) Where, on a qualifying disposal the disponor’s title to the dwelling-house is not registered, section 123 of the Land Registration Act 1925[1925 c. 21.] (compulsory registration of title) applies—

(a)whether or not the dwelling-house is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force, and

(b)whether or not, where the disposal takes the form of the grant or assignment of a lease, the lease is granted for a term of more than 21 years or, as the case may be, is a lease for a term of which more than 21 years are unexpired.

(2) In such a case the disponor shall give the disponee a certificate stating that the disponor is entitled to effect the disposal subject only to such incumbrances, rights and interests as are stated in the instrument effecting the disposal or summarised in the certificate.

(3) Where the disponor’s interest in the dwelling-house is a lease, the certificate shall also state particulars of the lease and, with respect to each superior title—

(a)where it is registered, the title number;

(b)where it is not registered, whether it was investigated in the usual way on the grant of the disponor’s lease.

(4) The certificate shall be—

(a)in a form approved by the Chief Land Registrar, and

(b)signed by such officer of the disponor or such other person as may be approved by the Chief Land Registrar,

and the Chief Registrar shall, for the purpose of registration of title, accept the certificate as sufficient evidence of the facts stated in it.

3.  Where a qualifying disposal takes the form of the grant or assignment of a lease, sections 8 and 22 of the Land Registration Act 1925[1925 c. 21.] (application for registration of leasehold land and registration of dispositions of leasehold) apply notwithstanding that it is a lease for a term of which not more than 21 years are unexpired or, as the case may be, a lease granted for a term not exceeding 21 years; and accordingly section 70(1)(k) of that Act (leases which are overriding interests) does not apply.

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