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The Land Registration (Amendment) Rules 2008

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EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules further amend the Land Registration Rules 2003 (S.I. 2003/1417) (the principal rules), which make detailed provision for land registration in England and Wales under powers contained in the Land Registration Act 2002 (c.9) (the Act). They amend the principal rules as set out in rule 4 and Schedules 1 to 6. In particular, they—

(a)substitute a new Schedule 1 (prescribed forms) – rule 5 contains transitional provisions as to the use of the superseded forms,

(b)make amendments to certain rules consequential upon the new Schedule 1,

(c)make provision for evidence in support of certain applications to be given in the form of a statement of truth,

(d)amend the requirements for applications and dispositions involving corporations,

(e)make other amendments as to the form and content of certain applications, and the evidence required to support them,

(f)substitute a new Schedule 4 (standard forms of restriction), and make further provision in relation to restrictions,

(g)amend provisions relating to entries in the register in certain cases,

(h)amend provisions relating to the giving of notice by the registrar in certain cases,

(i)amend the provisions for obtaining information from the registrar in certain cases,

(j)amend certain provisions relating to implied covenants,

(k)make provision for applications and register entries in respect of the right to manage conferred by Part 2 of the Commonhold and Leasehold Reform Act 2002 (c.15),

(l)make provision about apportionment of charges pursuant to paragraph 10 of Schedule 6 to the Act (registration of adverse possessor),

(m)make revised provision for payment of interest on indemnity paid under Schedule 8 to the Act (indemnities),

(n)make provisions under section 88 of the Act (incorporeal hereditaments) in connection with the registration of rentcharges and franchises,

(o)make provision in the event of interruption in the normal operation of the land registry,

(p)make amendments in consequence of the Companies Act 2006 (c.46), and

(q)make amendments to clarify certain rules.

An Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Land Registry, 32 Lincoln’s Inn Fields, London WC2A 3PH.

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