The Land Registration Rules 2003

PART 1 E+W THE REGISTER OF TITLE

Form and arrangement of the register of title E+W

2.—(1) The register of title may be kept in electronic or paper form, or partly in one form and partly in the other.

(2) Subject to rule 3, the register of title must include an individual register for each registered estate which is—

(a) an estate in land, or

(b) a rentcharge, franchise, manor or profit a prendre in gross,

vested in a proprietor.

Individual registers and more than one registered estate, division and amalgamation E+W

3.—(1) The registrar may include more than one registered estate in an individual register if the estates are of the same kind and are vested in the same proprietor.

(2) On first registration of a registered estate, the registrar may open an individual register for each separate area of land affected by the proprietor's registered estate as he designates.

(3) Subsequently, the registrar may open an individual register for part of the registered estate in a registered title and retain the existing individual register for the remainder—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title, or

(c) on the registration of a charge of part of the registered estate comprised in the registered title.

(4) The registrar may amalgamate two or more registered titles, or add an estate which is being registered for the first time to an existing registered title, if the estates are of the same kind and are vested in the same proprietor—

(a) on the application of the proprietor of the registered estate and of any registered charge over it, or

(b) if he considers it desirable for the keeping of the register of title.

(5) Where the registrar has divided a registered title under paragraph (3)(b) or amalgamated registered titles or an estate on first registration with a registered title under paragraph (4)(b) he—

(a) must notify the proprietor of the registered estate and any registered charge, unless they have agreed to such action, and

(b) may make a new edition of any individual register or make entries on any individual register to reflect the division or amalgamation.

Modifications etc. (not altering text)

C1 Rule 3 applied (with modifications) (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(3)(a)

C2 Rule 3(3)(a) excluded (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(2)

C3 Rule 3(4)(a) excluded (27.9.2004) by THE COMMONHOLD (LAND REGISTRATION) RULES 2004 (S.I. 2004/1830), rules 1, 3(2)

Arrangement of individual registers E+W

4.—(1) Each individual register must have a distinguishing number, or series of letters and numbers, known as the title number.

(2) Each individual register must consist of a property register, a proprietorship register and, where necessary, a charges register.

(3) An entry in an individual register may be made by reference to a plan or other document; in which case the registrar must keep the original or a copy of the document.

(4) Whenever the registrar considers it desirable, he may make a new edition of any individual register so that it contains only the subsisting entries, rearrange the entries in the register or alter its title number.

Contents of the property register E+W

5.   [F1 Except where otherwise permitted, the] property register of a registered estate must contain—

(a) a description of the registered estate which in the case of a registered estate in land, rentcharge or registered franchise which is an affecting franchise must refer to a plan based on the Ordnance Survey map and known as the title plan;

(b) where appropriate, details of—

(i) the inclusion or exclusion of mines and minerals in or from the registration under rule 32,

[F2 (ii) easements, rights and privileges benefiting the registered estate and other similar matters,]

(iii) all exceptions [F3 or reservations] arising on enfranchisement of formerly copyhold land, and

(iv) any F4 ... matter [F5 otherwise] required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the property register, and

(c) such other matters as are required to be entered in the property register by these rules.

Textual Amendments

F1 Words in rule 5 substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 1(a) (with rule 5)

F2 Rule 5(b)(ii) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 1(b) (with rule 5)

F3 Words in rule 5(b)(iii) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 1(c) (with rule 5)

F4 Word in rule 5(b)(iv) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 1(d) (with rule 5)

F5 Word in rule 5(b)(iv) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 1(d) (with rule 5)

Property register of a registered leasehold estate E+W

6.—(1) The property register of a registered leasehold estate must also contain sufficient particulars of the registered lease to enable that lease to be identified.

(2) [F6 Subject to rule 72A(3),] If the lease contains a provision that prohibits or restricts dispositions of the leasehold estate, the registrar must make an entry in the property register stating that [F7 the lease prohibits or restricts dispositions of the estate].

Textual Amendments

F6 Words in rule 6(2) inserted (9.1.2006) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(2), 4

F7 Words in rule 6(2) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 2 (with rule 5)

Property register of a registered estate in a rentcharge, a franchise or a profit a prendre in gross E+W

7.   [F8 Where practicable, the] property register of a registered estate in a rentcharge, franchise or a profit a prendre in gross must, if the estate was created by an instrument, also contain sufficient particulars of the instrument to enable it to be identified.

Textual Amendments

F8 Words in rule 7 substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 3 (with rule 5)

Contents of the proprietorship register E+W

8.—(1) The proprietorship register of a registered estate must contain, where appropriate—

(a) the class of title,

(b) the name of the proprietor of the registered estate including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 M1 , its registered number,

(c) an address for service of the proprietor of the registered estate in accordance with rule 198,

(d) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to the registered estate,

(e) notices under section 86(2) of the Act in relation to the registered estate,

(f) positive covenants by a transferor or transferee and indemnity convenants by a transferee entered under rules 64 or 65,

(g) details of any modification of the covenants implied by paragraphs 20(2) and (3) of Schedule 12 to the Act entered under rule 66,

(h) details of any modification of the covenants implied under the Law of Property (Miscellaneous Provisions) Act 1994 M2 entered under rule 67(6),

F9 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) such other matters as are required to be entered in the proprietorship register by these rules.

[F10 (2) Where practicable, the registrar must enter in the proprietorship register—

(a) on first registration of a registered estate,

(b) following completion by registration of a lease which is a registrable disposition, and

(c) on a subsequent change of proprietor of a registered estate,

the price paid or value declared for the registered estate.]

[F10 (3) An entry made under paragraph (2) must remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.]

Textual Amendments

F9 Rule 8(1)(i) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 4(a) (with rule 6)

F10 Rule 8(2)(3) substituted for rule 8(2) (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 4(b) (with rule 5)

Marginal Citations

M1 2000 c. 12.

M2 1994 c. 36.

Contents of the charges register E+W

9.   [F11 Except where otherwise permitted, the] charges register of a registered estate must contain, where appropriate—

(a) details of leases, charges, and any other interests which adversely affect the registered estate subsisting at the time of first registration of the estate or created thereafter,

(b) any dealings with the interests referred to in paragraph (a), or affecting their priority, which are capable of being noted on the register,

(c) sufficient details to enable any registered charge to be identified,

(d) the name of the proprietor of any registered charge including, where the proprietor is a company registered under the Companies Acts, or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000, its registered number,

(e) an address for service of the proprietor of any registered charge in accordance with rule 198,

(f) restrictions under section 40 of the Act, including one entered under section 86(4) of the Act, in relation to a registered charge,

(g) notices under section 86(2) of the Act in relation to a registered charge, F12 ...

(h) such other matters affecting the registered estate or any registered charge as are required to be entered in the charges register by these rules [F13 , and]

[F14 (i) any matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the charges register.]

Textual Amendments

F11 Words in rule 9 substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 5(a) (with rule 5)

F12 Word in rule 9(g) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 5(b) (with rule 5)

F13 Word in rule 9(h) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 5(c) (with rule 5)

F14 Rule 9(i) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 5(d) (with rule 5)