Use the table below to see when the clauses must be used and when a separate application form is required to note specific interests.
Application is a first registration | You do not need to use the clauses, but you can on a voluntary basis. If so, clause LR13 can be used for a standard restriction instead of a form RX1; complete clause LR2.2 where appropriate.
Except in the case of a shared ownership lease, a form AN1 or UN1 must be used for interests in clauses LR9.1 and LR10 where they affect registered titles.
No separate application is required to register easements in the lease. The easements will be investigated by Land Registry as part of the title examination procedure and if valid will be registered against the servient land (where registered). | Application is a lease out of registered land granted before 19 June 2006 | You do not need to use the clauses, but you can on a voluntary basis. If so, clause LR13 can be used for a standard restriction instead of a form RX1; complete clause LR2.2 where appropriate.
Except in the case of a shared ownership lease, a form AN1 or UN1 must be used for interests in clauses LR9 and 10 where they affect the landlord’s title shown in clause LR2.1, the tenant's title being registered or another registered title.
A separate application in form AP1 is required to register easements in the lease that affect a registered title other than the land leased or the landlord’s title revealed in clause LR2.1. | Application is a lease out of registered land granted on or after 19 June 2006 but use of the clauses is not required under r.58A(4)(c) or (d) of the LRR 2003 | You do not need to use the clauses. The claim for exemption must be supported by a certificate from a conveyancer explaining the reasons, or other appropriate evidence.
Interests that would have been revealed in clauses LR9,10,11 and 12 will be noted against the landlord's title and the tenants title being registered, as appropriate, without the need for a separate application.
However if the interests affect another registered title a separate application is required unless the title number is given in panel 2 of the form AP1 lodged with the application. | Lease is a disposition of a registered estate in land, granted on or after 19 June 2006 and required to be registered. | Use of the clauses is compulsory.
You can use clauses LR9,10,11,12 and 13 in lieu of forms AP1, AN1, RX1 or UN1. Clause LR2.2 must be completed with the title number(s) of affected titles (other than the landlord’s title shown in clause LR2.1).
If instead of using clause LR2.2 you refer to the appropriate title numbers in panel 2 of the form AP1 lodged with the application, for interests in clauses LR8 and LR11 action will only be taken if you also make reference on the form to the clause of the lease that contains the interest.
Please note that a form RX1 must always be used to register a non-standard restriction. |
|