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PART 11E+WQUALITY OF TITLE

Use of register to record defects in titleE+W

125.—(1) An entry under section 64 of the Act that a right to determine a registered estate in land is exercisable shall be made in the property register.

(2) An application for such an entry must be supported by evidence to satisfy the registrar that the applicant has the right to determine the registered estate and that the right is exercisable.

(3) Subject to paragraph (4), the registrar must make the entry on receipt of an application which relates to a right to determine the registered estate on non-payment of a rentcharge.

(4) Before making an entry under this rule the registrar must give notice of the application to the proprietor of the registered estate to which the application relates and the proprietor of any registered charge on that estate.

(5) A person may apply to the registrar for removal of the entry if he is—

(a)the person entitled to determine the registered estate,

(b)the proprietor of the registered estate to which the entry relates,

(c)a person entitled to be registered as proprietor of that estate, or

(d)any other person whom the registrar is satisfied has an interest in the removal of the entry.

(6) An application for removal of the entry must be supported by evidence to satisfy the registrar that the right to determine the registered estate is not exercisable.