[F1187.—(1) Where the application is to be registered as proprietor of a registered rentcharge, the references in rules 188, 188A, 189, 190, 192, 193, 194A, 194B, 194C, 194F, and 194G to Schedule 6 to the Act are to Schedule 6 as applied by rule 191.
(2) In rules 194A, 194B and 194F, “post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such period as is reasonable in all the circumstances.
(3) In rules 194A, 194B, 194C, 194F and 194G, “qualified surveyor” means a fellow or professional associate of the Royal Institution of Chartered Surveyors.]
Textual Amendments
F1Rule 187 substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 58 (with rule 5)
188.—(1) An application under paragraphs 1 or 6 of Schedule 6 to the Act must be in Form ADV1 and be accompanied by—
(a)a statutory declaration [F2or statement of truth] made by the applicant not more than one month before the application is taken to have been made, together with any supporting statutory declarations [F2or statements of truth], to provide evidence of adverse possession of the registered estate in land or rentcharge against which the application is made for a period which if it were to continue from the date of the applicant's statutory declaration [F2or statement of truth] to the date of the application would be—
(i)where the application is under paragraph 1, of not less than ten years (or sixty years, if paragraph 13 of Schedule 6 to the Act applies) ending on the date of the application, or
(ii)where the application is under paragraph 6, of not less than two years beginning with the date of rejection of the original application under paragraph 1 and ending on the date of the application,
(b)any additional evidence which the applicant considers necessary to support the claim.
(2) The statutory declaration [F3or statement of truth] by an applicant in support of an application under paragraph 1 of Schedule 6 to the Act must also—
[F4(a)if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified on the Ordnance Survey map, unless that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,]
(b)if reliance is placed on paragraph 1(2) of Schedule 6 to the Act, contain the facts relied upon with any appropriate exhibits,
(c)contain confirmation that paragraph 1(3) of Schedule 6 to the Act does not apply,
(d)where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues,
(e)contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,
(f)contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),
(g)if, should a person given notice under paragraph 2 of Schedule 6 to the Act require the application to be dealt with under paragraph 5 of that Schedule, it is intended to rely on one or more of the conditions set out in paragraph 5 of Schedule 6 to the Act, contain the facts supporting such reliance.
(3) The statutory declaration [F5or statement of truth] by an applicant in support of an application under paragraph 6 of Schedule 6 to the Act must also—
[F6(a)if the application relates to part only of the land in a registered title, exhibit a plan which enables that part to be identified clearly on the Ordnance Survey map, unless the previous rejected application related only to that part, or that part is referred to in the statutory declaration or statement of truth by reference to the title plan and this enables that part to be so identified,]
(b)contain full details of the previous rejected application,
(c)contain confirmation that to the best of his knowledge the restriction on applications in paragraph 8 of Schedule 6 to the Act does not apply,
(d)contain confirmation that to the best of his knowledge the estate or rentcharge is not, and has not been during any of the period of alleged adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession),
(e)contain confirmation that paragraph 6(2) of Schedule 6 to the Act does not apply, and
(f)where the application is to be registered as proprietor of a registered rentcharge, contain confirmation that the proprietor of the registered rentcharge has not re-entered the land out of which the rentcharge issues.
[F7(4) A statement of truth by an applicant under paragraphs 1 or 6 of Schedule 6 to the Act, and any supporting statements of truth, may be made in Form ST1 or Form ST2, as appropriate.]
Textual Amendments
F2Words in rule 188(1) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(a) (with rule 5)
F3Words in rule 188(2) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(b) (with rule 5)
F4Rule 188(2)(a) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(b) (with rule 5)
F5Words in rule 188(3) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(c) (with rule 5)
F6Rule 188(3)(a) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(c) (with rule 5)
F7Rule 188(4) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 59(d) (with rule 5)
188A.—(1) This rule applies where an application under paragraph 1 of Schedule 6 to the Act is made.
(2) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county palatine of Lancaster, the registrar must give notice of the application to the Solicitor for the affairs of the Duchy of Lancaster.
(3) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated in the county of Cornwall or in the Isles of Scilly, the registrar must give notice of the application to the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall.
(4) Where the registrar considers that the proprietor of the estate to which the application relates is, or may be, a company which is dissolved and that its last registered office was, or may have been, situated outside the areas referred to in paragraphs (2) and (3), the registrar must give notice of the application to the Treasury Solicitor.
(5) The notice referred to in paragraphs (2) to (4) is notice under paragraph 2 of Schedule 6 to the Act.
(6) In this rule, “company” means a company incorporated in any part of the United Kingdom under the Companies Acts.]
Textual Amendments
F8Rule 188A inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 60 (with rule 5)
189. The period for the purpose of paragraph 3(2) of Schedule 6 to the Act is the period ending at 12 noon on the sixty-fifth business day after the date of issue of the notice.
190.—(1) A notice to the registrar under paragraph 3(2) of Schedule 6 to the Act from a person given a registrar's notice must be—
(a)in Form NAP, and
(b)given to the registrar in the manner and at the address stated in the registrar's notice.
(2) Form NAP must accompany a registrar's notice.
(3) In this rule a “registrar's notice“ is a notice given by the registrar under paragraph 2 of Schedule 6 to the Act.
191. Schedule 6 to the Act applies to the registration of an adverse possessor of a registered rentcharge in the modified form set out in Schedule 8.
192.—(1) This rule applies where—
(a)a person is entitled to be registered as proprietor of a registered rentcharge under Schedule 6 to the Act, and
(b)if that person were so registered he would not be subject to a registered charge or registered lease or other interest protected in the register, and
(c)that person's adverse possession is based on non-payment of rent due under the registered rentcharge.
(2) Where paragraph (1) applies the registrar must—
(a)close the whole of the registered title of the registered rentcharge, or
(b)cancel the registered rentcharge, if the registered title to it also comprises other rentcharges.
193.—(1) When—
(a)a person has been registered as proprietor of a rentcharge, or
(b)the registered title to a rentcharge has been closed, or
(c)a registered rentcharge has been cancelled, where the registered title also comprises other rentcharges,
following an application made under Schedule 6 to the Act, and, if appropriate, closure or cancellation under rule 192, no previous registered proprietor of the rentcharge may recover any rent due under the rentcharge from a person who has been in adverse possession of the rentcharge.
(2) Paragraph (1) applies whether the adverse possession arose either as a result of non-payment of the rent or by receipt of the rent from the person liable to pay it.
194.—(1) Any person who can satisfy the registrar that he has an interest in a registered estate in land or a registered rentcharge which would be prejudiced by the registration of any other person as proprietor of that estate under Schedule 6 to the Act or as proprietor of a registered rentcharge under that Schedule as applied by rule 191 may apply to be registered as a person to be notified under paragraph 2(1)(d) of Schedule 6.
(2) An application under paragraph (1) must be made in Form ADV2.
(3) The registrar must enter the name of the applicant in the proprietorship register as a person entitled to be notified under paragraph 2 of Schedule 6 to the Act.
194A.—(1) This rule applies where a proprietor with the right under paragraph 10(1) of Schedule 6 to the Act to require apportionment has given the chargor notice in accordance with paragraph (2).
(2) The notice referred to in paragraph (1) must—
(a)identify the proprietor and give an address for communications to the proprietor from the chargor,
(b)make proposals as to the values of the registered estate and the other property subject to the charge,
(c)state the proprietor’s intention, in the absence of agreement on the respective values of the registered estate and the other property subject to the charge, to request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to determine these values, and
(d)be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargor.
(3) If the chargor does not provide the proprietor with the chargor’s written agreement to the values referred to in paragraph (2)(b), or to any other valuations acceptable to the proprietor, within one month of when the notice was received, the proprietor may make the request referred to in paragraph (2)(c).
(4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (3)—
(a)the proprietor shall be liable for the costs of that appointment,
(b)the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996 shall apply,
(c)the proprietor and the chargor shall be parties to the arbitration,
(d)the chargee may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargee so elects, and
(e)the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.
(5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194B.—(1) The right of the proprietor of a registered estate under paragraph 10(1) of Schedule 6 to the Act to require a chargee to apportion the amount secured by a charge is exercisable by notice being given by the proprietor to the chargee.
(2) The notice referred to in paragraph (1) must—
(a)identify the proprietor and give an address for communications to him from the chargee,
(b)state that apportionment is required under paragraph 10 of Schedule 6 to the Act,
(c)identify the chargor and the date of the charge,
(d)state whether the valuations accompanying the notice were by a qualified surveyor appointed pursuant to a request under rule 194A and, if they were, state the effect of rule 194C(1), and
(e)be served by post to, or by leaving the notice at, any postal address or by electronic transmission to an electronic address (if there is one) entered in the register as an address for service for the chargee.
(3) Subject to paragraph (4), the notice referred to in paragraph (1) must be accompanied by—
(a)valuations of the registered estate and of the other property subject to the charge by a qualified surveyor dated no earlier than two months before the notice is sent,
(b)the chargor’s written agreement to the valuations,
(c)an official copy of the individual register and title plan of the registered estate, and
(d)a copy of the individual register and title plan, supplied in response to an application under rule 144, in respect of the registered title which immediately before the registration under Schedule 6 to the Act comprised the registered estate, unless such a copy is unavailable.
(4) If the valuations of the registered estate and of the other property subject to the charge are by a qualified surveyor appointed pursuant to a request under rule 194A, the requirements in paragraph (3)(b), (c) and (d) do not apply.
(5) In this rule, “an address for communications” means a postal address but if additionally the proprietor provides an e-mail address then that is also an address for communications.
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194C.—(1) If the valuations accompanying the notice referred to in rule 194B(1) are by a qualified surveyor appointed pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of these valuations.
(2) If the valuations accompanying the notice referred to in rule 194B(1) are not by a qualified surveyor pursuant to a request under rule 194A, the chargee must, within two months of when the notice was received, either—
(a)apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of the valuations accompanying the notice, or on the basis of other valuations agreed by the proprietor and the chargor, or
(b)request the President of the Royal Institution of Chartered Surveyors to appoint a qualified surveyor to value the registered estate and the other property subject to the charge.
(3) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b)—
(a)the chargee shall be liable for the costs of that appointment,
(b)the qualified surveyor shall act as an arbitrator and the provisions of the Arbitration Act 1996 shall apply,
(c)the proprietor and the chargee shall be parties to the arbitration,
(d)the chargor may elect to be joined as a party to the arbitration, and the qualified surveyor must ascertain whether the chargor so elects, and
(e)the proprietor and the chargor must allow the qualified surveyor access to the land any estate in which is subject to the charge.
(4) Where a qualified surveyor has been appointed pursuant to a request under paragraph (2)(b), the chargee must, within two months of when the valuations by the qualified surveyor were received, apportion the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act on the basis of those valuations.
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194D.—(1) For the purposes of rules 194A, 194B and 194C, where the other property affected by the charge includes an estate in land, the value of the proprietor’s registered estate shall be the diminution in value of that other property as determined in accordance with paragraph (2).
(2) The diminution in value of the other property is the difference between—
(a)the value of all the property subject to the charge if the chargor were the proprietor and in possession of the proprietor’s registered estate, and
(b)the value of the property subject to the charge without the proprietor’s registered estate.
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194E.—(1) Notices and valuations shall be treated as received for the purposes of rules 194A(3) and 194C(1), (2) and (4) on—
(a)the second working day after posting, where the notice is posted to an address in the United Kingdom,
(b)the working day after it was left, where the notice is left at a postal address,
(c)the seventh working day after posting, where the notice is posted to an address outside the United Kingdom, and
(d)the second working day after transmission, where the notice is sent by electronic transmission (including email).
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194F.—(1) Within ten working days of any apportionment under rule 194C, the chargee must issue notice of the apportionment to the proprietor and to the chargor.
(2) The notice referred to in paragraph (1) must state—
(a)the amount secured by the charge at the time referred to in paragraph 10(1) of Schedule 6 to the Act,
(b)the amount apportioned to the registered estate, and
(c)the costs incurred by the chargee as a result of the apportionment and payable under paragraph 10(2)(b) of Schedule 6 to the Act.
(3) The notice referred to in paragraph (1) which is issued to the proprietor must be served by post to, or by leaving the notice at, the postal address or by electronic transmission to any e-mail address given in the notice of required apportionment under rule 194B(1) or at another postal or e-mail address agreed in writing by the chargee and the proprietor.
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)
194G.—(1) Where in the award under rule 194A(4) or rule 194C(3) the qualified surveyor decides that the chargee shall be responsible for payment of the costs incurred by the chargee or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph 10(2)(b) of Schedule 6 to the Act.
(2) Subject to paragraph (3), the chargor shall be entitled to be paid by the proprietor those costs reasonably incurred by the chargor in the apportionment and, in particular, those in relation to valuations obtained for the purpose of the apportionment.
(3) Where in the award the qualified surveyor decides that the chargor shall be responsible for payment of the costs incurred by the chargor or any other party to the arbitration, such costs shall be excluded from the costs payable under paragraph (2).]
Textual Amendments
F9Rules 194A-194G inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 61 (with rule 5)