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Land Registration Act 2002

Housing Act 1985 (c. 68)

295.Paragraph 18 amends the Housing Act 1985. Section 37 provides that a conveyance, grant or assignment executed, under section 32, of a house situated in a National Park or in certain other areas shall contain a covenant limiting the freedom of the purchaser to dispose of the house (as therein provided). At present if a disposition of registered land contains such a covenant then the registrar is under a duty if registering the disposition to enter a restriction. The effect of the amendment to section 37(5) is that the registrar will also be under a duty to enter a restriction when he is registering the purchaser’s title under a disposition of unregistered land and the instrument effecting the disposition contains the covenant (for example, a conveyance of the unregistered freehold estate to the purchaser).

296.The substitutions of paragraphs 4 and 5(2) of Schedule 9A to the 1985 Act are intended to have the effect of replacing the existing provisions with similar but clearer provisions.

297.Paragraph 5(3) will cease to have effect. That provision removes the necessity for the land certificate to be produced under section 64(1) of the Land Registration Act 1925 if a qualifying person applies for entry of a notice or restriction. Section 64(1) is (along with the remainder of the 1925 Act) repealed by Schedule 13 to the Act and the circumstances when land certificates are to be produced to the registrar are left to rules under the Act.

298.The words substituted for paragraph 6(1) will have the equivalent effect under the Act in that if the rights of qualifying persons are not protected by notice in the register they will be liable to lose their priority to a registered disposition under section 29.

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