Statutory Instruments
1990 No. 314
LAND REGISTRATION, ENGLAND AND WALES
The Land Registration Rules 1990
Made
14th February 1990
Laid before Parliament
6th March 1990
Coming into force
2nd April 1990
The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925(1), in exercise of the powers conferred on him by that section, hereby makes the following rules:
Citation and commencement
1. These rules may be cited as the Land Registration Rules 1990 and shall come into force on 2nd April 1990.
Interpretation
2.—(1) In these rules, unless the context otherwise requires:
“credit account” means an account authorised by the registrar under Article 14(1) of the Land Registration Fee Order 1990(2);
“designated plan” means a plan which is a copy or extract from the Ordnance Map at the largest scale published for the area in which the land to which it relates is situated, such plan to have a length no greater than 298 mm and a width no greater than 210 mm (A4 paper size);
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouse and garage belonging to it;
“parcel of land” means all or any part of:
a dwelling; or
any other land which is separately occupied or if not separately occupied, in separate ownership; and for this purpose an owner is the person who (in his own right or as trustee for any other person) is entitled to receive the rack rent of land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
“the principal rules” means the Land Registration Rules 1925(3);
“proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) Order 1989(4).
(2) A form referred to by number means the form so numbered in the Schedule to these rules.
(3) Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.
Application for and issue of Official Certificate of Search of Index Map
3.—(1) Any person may apply in Form 96 to the proper office for an official search in the Index Map or General Map and the Parcels Index and the list of pending applications for first registration.
(2) A separate application in Form 96 shall be delivered for each parcel of land in respect of which a search under this rule is required.
(3) If, notwithstanding paragraph (2), an application in Form 96 is delivered which relates to more than one parcel of land, the registrar may:
(a)deal with the application as though it referred to only such one of those parcels of land as he shall choose, in which case, in respect of the remaining parcel of land or parcels of land there shall be deemed to have been no application; or
(b)accept such application and if he does so it shall be deemed to be a separate application in respect of each parcel of land to which such application relates; or
(c)cancel the application.
(4) If the registrar shall so require, an applicant shall provide to the registrar a copy or extract from the Ordnance Map on the largest scale published of the parcel of land to which the application relates.
(5) If the application is in order an official certificate of search shall be issued.
(6) An official certificate of search shall be issued in the form set out under the heading “Certificate of result of Official Search” in Form 96 and may, when the certificate states that the parcel of land is registered as leasehold land, also state the date of and parties to the registered lease.
Personal Inspection of the Index Map
4.—(1) Any person may apply at the proper office in Form 96A in respect of a parcel of land to make a personal inspection of the Index Map or General Map and the Parcels Index and to be informed of any relevant entry in the list of pending applications for first registration.
(2) A separate application form shall be used for each parcel of land in respect of which an inspection under this rule is sought.
(3) If an application is in order the Registrar shall permit the applicant to inspect the relevant portions of the Index Map or General Map and the Parcels Index and shall inform the applicant of any relevant entry in the list of pending applications for first registration.
Delivery of application by facsimile transmission
5.—(1) During the currency of any notice given pursuant to paragraph (2), 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:
(a)an office copy of the entries on the register or a title plan of a registered title or (notwithstanding rule 11(2) of the Land Registration (Official Searches) Rules 1988(5)), a certificate of official inspection of the filed plan, in Form 109 (FAX);
(b)an office copy of a document referred to in the register of a title, in Form 110 (FAX);
(c)an official certificate of the result of search of the Index Map, in Form 96.
(2) If the registrar is satisfied that adequate arrangements have been or will be made for dealing with applications made by facsimile transmission in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make such applications, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:
(a)to one or more of the types of application mentioned in paragraph (1);
(b)to applications made by a person maintaining a credit account;
(c)to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;
(d)to applications made between specified hours and on specified days (which need not be those between or on which the Land Registry is open to the public and may be different for applications of different types);
(e)where an application is in Form 96 and refers to a parcel of land shown on an accompanying plan, to any such application which is accompanied by a designated plan.
(3) Subject to paragraph (4) a notice given pursuant to paragraph (2) shall be current:
(a)from the time specified in that behalf in the notice; and either
(b)until the time, if any, specified in that behalf in the notice; or
(c)if no time of ceasing to be current is specified in the notice, indefinitely.
(4) A notice given pursuant to paragraph (2) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
(5) Notwithstanding the provisions of paragraph (1) the registrar may in his discretion refuse to accept an application made by facsimile transmission in any individual case.
(6) An application may be made by facsimile transmission under the principal rules only in accordance with this rule; and no application may be so made under the Land Registration (Official Searches) Rules 1988 or the Land Registration (Matrimonial Homes) Rules 1983(6).
Amendment of rule 1
6. For rule 1(5A) of the principal rules there shall be substituted:–
“(5A) “Proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) Order 1989.”
Amendment of rule 24
7. The following paragraph shall be added after paragraph (3) of rule 24 of the principal rules as follows:–
“(4) If under this rule an application (other than the lodging of a priority notice under rule 71 of these rules and a caution against first registration under section 53 of the Act) would otherwise be required to be delivered to two or more proper offices it may be delivered to any one of those proper offices and if so delivered shall be treated as duly delivered to all of those proper offices.”
New rule 70
8. For rule 70 there shall be substituted:–
“Inspection of cautions against first registration
70. 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.”
Amendment of rule 83
9.—(1) Paragraph (2) of rule 83 of the principal rules shall be renumbered (3).
(2) The following paragraph shall be inserted after paragraph (1) of rule 83 of the principal rules as follows:–
“(2) If under this rule an application would otherwise be required to be delivered to two or more proper offices it may be delivered to any one of those proper offices and if so delivered shall be treated as duly delivered to all of those proper offices.”
New rule 85
10. For rule 85 of the principal rules there shall be substituted:–
“Date of delivery of applications
85. Every application delivered at a proper office after 9.30 hours on one day and before or at 9.30 hours on the next day shall be deemed to have been delivered at the same time, namely, immediately after 9.30 hours on the second day.”
New rule 296
11. For rule 296 of the principal rules there shall be substituted:–
“Office copies of entries in register
296. An office copy of any entry in the register, or of any document in the Registry, shall, upon an application in writing (including, where appropriate, an application made under rule 5 of the Land Registration Rules 1990) by any person who is entitled to inspect such entry or document, be issued to him or his solicitor.”
Amendment of rule 317
12. The following paragraph shall be added after paragraph (2) of rule 317 of the principal rules:–
“(3) Where a fee for an application (including any service for which a fee is payable) is paid by means of a cheque and it comes to the notice of the Registrar before the application has been completed that the cheque has not been honoured, the application may be cancelled.”
Revocation of rules 12 and 286
13. Rules 12 and 286 of the principal rules are hereby revoked.
Mackay of Clashfern, C.
Dated 14th February 1990
Rules 3, 4 and 5
SCHEDULE
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.
S.R. & O. 1925/1093; relevant amending instruments are S.I. 1978/1601, 1986/1534.