The Land Registration Act 2002 (Transitional Provisions) Order 2003

Souvenir land

Souvenir land—application of articles and definitions

10.—(1) Articles 11, 12 and 13 apply where—

(a) there is in force in relation to registered land immediately before commencement a declaration by the registrar under rule 3 of the 1972 Rules, and

(b) particulars of the declaration have been entered in the register under rule 6 of those rules.

(2) In articles 11, 12 and 13—

“declaration” means the declaration by the registrar under rule 3 of the 1972 Rules,

“proprietor” in relation to souvenir land means the registered proprietor or, where the registered proprietor has died, been made bankrupt or, being a corporate body, has been dissolved, the person who would be entitled to be registered as proprietor in his place but for any unregistered transaction effected after the declaration was made,

“souvenir land” means the registered land subject to a declaration,

“third party” means a person other than the proprietor.

Souvenir land—restriction on dispositions

11.—(1) Where any unregistered transaction with souvenir land has been effected after the declaration was made and has resulted in one or more third parties becoming entitled to apply to be registered as proprietor of any part or parts of the land, the proprietor must not dispose of that land otherwise than in a manner that gives effect in the register to the interests of the third parties.

(2) The particulars of a declaration entered in the individual register of any souvenir land shall take effect after commencement as if there were a restriction in the proprietorship register in the following terms—

• “No disposition is to be registered without the consent of the person or persons (if any) entitled to apply to be registered as proprietor of the land disposed of, or any part of it, as the result of any unregistered transaction effected since [date] being the date when a declaration made under rule 3 of the Land Registration (Souvenir Land) Rules 1972 was noted in the register.”.

(3) The registrar may amend the registered title to any souvenir land so as to substitute for the particulars of the declaration a restriction in the terms set out in paragraph (2).

Application to cancel entries relating to souvenir land

12.—(1) A proprietor who claims that there has been no unregistered transaction with the souvenir land, or a particular part of the land, after the declaration was made, so that no third party has become entitled to be registered as proprietor of it, may apply in Form RX3 in Schedule 1 to the 2003 Rules in relation to that land to cancel in the register the particulars of the declaration or, where the registrar has registered a restriction in substitution for those particulars under article 11(3), that restriction.

(2) If the registrar is satisfied that there has been no such transaction as is referred to in paragraph (1), he must—

(a) where the application relates to the whole of the land in a registered title, cancel the relevant entry in the register,

(b) where the application relates to part only of the land in a registered title, give effect to the application in the register in such manner as he thinks appropriate.

Application for registration by a third party

13.—(1) This article applies where, in relation to any souvenir land, a third party is able to satisfy the registrar that one or more unregistered transactions have been effected since the declaration was made and that, as a result of them and any other events that have taken place—

(a) the registered estate is now vested in him, or

(b) a legal estate derived (whether directly or indirectly) out of the land is vested in him, or

(c) a legal estate such as is referred to in sub-paragraph (a) or (b) has been transferred to him (either directly or indirectly) by the person in whom it has become vested.

(2) The third party may apply to be registered as the proprietor of a legal estate if that estate is one to which section 3 of the Act would apply if the estate were an unregistered estate within that section.

(3) Before determining an application under paragraph (2), the registrar must give notice of it to the person named in the proprietorship register as proprietor unless that person has consented to the application.