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The Land Registration Rules 2003

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This is the original version (as it was originally made).

Protection of an application relating to a pending application for first registration on which a protected application is dependent

152.—(1) Subject to paragraphs (4) and (5), paragraph (2) has effect where—

(a)there is a pending application for first registration,

(b)there is a pending application for an entry in the register on which an official search confers a priority period,

(c)there is an application for registration of a prior registrable disposition affecting the same registrable estate or charge as the pending application referred to in sub-paragraph (b),

(d)the pending application referred to in sub-paragraph (b) is dependent on the application referred to in sub-paragraph (c), and

(e)the application referred to in sub-paragraph (c) is subject to the pending application for first registration referred to in sub-paragraph (a).

(2) An application for an entry in the register in relation to the prior registrable disposition referred to in paragraph (1)(c) is for the purpose of section 72(1)(a) of the Act an application to which a priority period relates.

(3) The priority period referred to in paragraph (2) is a period expiring at the same time as the priority period conferred by the official search referred to in paragraph (1)(b).

(4) Paragraph (2) does not have effect unless the pending application for first registration referred to in paragraph (1)(a) is in due course completed by registration of all or any part of the registrable estate.

(5) Paragraph (2) does not have effect unless both the pending application on which an official search confers priority referred to in paragraph (1)(b) and the application relating to the prior registrable disposition referred to in paragraph (1)(c) are—

(a)made before the end of that priority period, and

(b)in due course completed by registration.

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