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The Land Registration (No. 3) Rules 1995

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New rule 117

10.  The following rule is substituted for rule 117:

Variation of implied covenants in transfer of land held under old tenancy

117.  (1)  Where in a transfer the covenants set out in Part IX or Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, the references to “the assignees”, “the conveyance” and “the conveying parties” shall be treated as references to the transferees, the transfer and the transferors respectively.

(2) On a transfer of land held under an old tenancy:

(a)any covenants implied by section 24 of the Act or by section 77(1)(C) or (D)(i) of the Law of Property Act 1925 as originally enacted may be modified or negatived; and

(b)any covenants included in the instrument of transfer may be modified,

by adding suitable words to the instrument, and a note shall be made in the register.

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