Ede man - Tynwald

Ede of man Government

Reiltys Ell an Vannin

THE LAND REGISTRATION ACT 1982

THE LAND REGISTRY

ULES 2000 1 1 ' ■

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Statutory Document No. 588/00


THE LAND REGISTRY RULES 2000

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

PART 2

THE TITLE REGISTER

3. Form and content of register

4. Dates of registered titles, editions and entries

5. Division or amalgamation of registered titles

6. New edition of registered title

7. Index of pending applications

8. Register of transactions giving rise to first registration

9. Index of names

PART 3

GENERAL PROVISIONS RELATING TO APPLICATIONS

10. Registry opening hours

11. Time of presentation

12. Defects in application

13. Priority of applications

14. Production of deeds etc.

15. Address for service

PART 4

FIRST REGISTRATION AND EXAMINATION OF TITLE

16. Form of application

17. Documents to be presented with application

18. First registration of lease of registered land

19. Foreshore and sea-bed Price £8.00 — Band J

Land Registry Rules 2000

20. Notice to be recorded in deeds registry

21. Examination of title

22. Registration with class of title other than that applied for

23. Caution against first registration

24. Withdrawal of caution

25. Consent by cautioner

26. Dealings by person having right to apply for first registration

PART 5

DEALINGS WITH REGISTERED LAND

Transfers


28. Forms of transfer

29. Covenants for title

30. Dealing with part of land comprised in title

Transmission on death

31. Registration of personal representatives

32. Death of a joint tenant

33. Assent or transfer by personal representatives

Settled land

34. Determination of interest of limited owner

35. Registered land acquired by trustees of a settlement

36. Entry of name of a new trustee of a settlement

37. Defeasance

Reclassification of title

38. Reclassification of title

39. Amendment of register on reclassification

Rights appurtenant to registered land

40. Application to enter appurtenant right on the register

Burdens

41. Application to register Schedule 5 burden


43. Mode of entry

44. Burdens having statutory priority

45. Competing priority

46. Modification and discharge of registered covenants

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• 47. Modification and discharge of other registered burdens

48. Lease covenants

49. Additional Schedule 6 burden

50. Rentcharge

51. Renewal of registration of pending action

52. Cessation of effect of Schedule 5 burden

Charges

• 53. Form of charge

54. Joint lenders

55. Obligation to make further advances

56. Transfer of charge

57. Discharge of registered charge

58. Charges created by companies

59. Sub-charges

60. Alteration of terms of a registered charge

Matrimonial charges

61. Registration of matrimonial charges

62. Cancellation and variation of entries relating to matrimonial charges

Miscellaneous dealings

63. Application for registration of title to registered land acquired by possession

64. Extinguishment of registered leasehold estate

PART 6

CAUTIONS, INHIBITIONS AND RESTRICTIONS AFFECTING REGISTERED LAND

Cautions

65. Caution against dealing with registered land

66. Withdrawal of caution against dealing with registered land

67. Caution against reclassification

Inhibitions

68. Registration of trustee owner

69. Application for entry of inhibition

70. Withdrawal or modification of inhibition by consent

71. Dealings inhibited except after notice to a specified person

72. Inhibition under order of court

73. Inhibition under the Criminal Justice Act 1990 •

74. Restrictions


Restrictions

PART 7

MAPS AND BOUNDARIES

75. The registry map

76. Provisional maps

77. Revision of registry map

78. Application to make boundaries conclusive

79. Application to determine boundaries or extent of registered land

80. Accretion and erosion

PART 8

RECTIFICATION

81. Application to the Land Commissioner for rectification

82. Application to the Registrar for rectification

PART 9

PARTICULAR CLASSES OF OWNER

83. Co-owners

84. Companies

85. Public authorities

86. Charities

87. Charitable status

88. Land held for Church purposes

89. Friendly societies

90. Entry of interest of minor

91. Persons who may represent minors

92. Cessation of minority

Insolvency

93. Bankruptcy notice

94. Registration of trustee in bankruptcy etc.

95. Mistake in order of adjudication or register

96. Trustee in bankruptcy vacating office

97. Liquidation of a company

PART 10

DOCUMENTS

98. Forms to be used

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99. Forms and procedures

100. Improper documents

101. Execution

102. Execution by disabled persons

103. Execution by attorney

104. Retention of documents by Registry

105. Documents may be returned

106. Documents to be certified

PART 10

SEARCHES, OFFICE COPIES ETC.

107. Personal search

108. Office copies

109. Evidential value of office copy

110. Inspection

111. Official search in register

112. Index map search

113. Priority search in register

114. Effect of priority search

115. Official search in register of transactions

116. Searches and applications for office copies by electronic means

PART 11

PROCEEDINGS IN THE LAND REGISTRY

117. Decisions of the Registrar

118. Notice of proposed step

119. Objections to registration

120. Hearings

121. Questions requiring specialist knowledge

122. Service of an order made on appeal

123. Notices issued by the Registry

124. Summons

125. Evidence in proceedings

126. Affidavits and statutory declarations

127. Additional powers of Registrar and Land Commissioner

128. Abatement

S 129. Delay


PART 12 •

PROCEEDINGS BEFORE LAND COMMISSIONER

130. Appeal to Land Commissioner

131. Reference to Land Commissioner

132. Notice of appeal to be registered

133. Procedure

134. Decision on appeal or reference

PART 13

COSTS

135. Award and taxation of costs of hearings

136. Enforcement of costs

PART 14

CLAIMS FOR COMPENSATION

137. Notice of claims

PART 15

SOUVENIR LAND

138. Souvenir land

SCHEDULE Prescribed forms

S

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Statutory Document No. 588/00


THE LAND REGISTRY RULES 2000

Approved by Tynwald 19th October 2000

Coming into operation 1st November 2000

In exercise of the powers conferred on the Department of Local Government and the Environment by section 77 of, and Schedule 11 to, the Land Registration Act 1982 1 , and of all other enabling powers, the following Rules are hereby made:—

PART 1

PRELIMINARY

1. Citation and commencement

These Rules may be cited as the Land Registry Rules 2000 and, subject to section 77(5) of the Act, shall come into operation on the 1st November 2000.

2. Interpretation

( 1) In these Rules —

"the Act" means the Land Registration Act 1982;

"advocate" does not include the holder of a licence under section 17 of the Advocates Act 1995 2 ;

"address for service" means an address in the Island or the United Kingdom for the service of any summons, notice or other form of notification sent by the Registry;

"application" means any dealing, submission, request, transaction or other matter presented or delivered to the Registry;

"application number" means a unique number assigned to an application on its presentation to the Registry.

"certified copy" means —

(a) in the case of a deed registered in the deeds registry, a copy certified by the Registrar;

1 1982 c.7 2 1995 c.17


(b) in the case of a document made by a court or a public authority, officer or office, an office copy;

(c) in the case of any other document, a copy certified by an advocate, notary public, solicitor or barrister, or any other person empowered to certify it in a country or territory outside the Island;

"company" has the same meaning as in the Companies Act 1931 3 ;

"dealing" includes any transaction with or event affecting registered land which enables an entry or a cancellation to be made or modified on the register and any document connected with such a transaction or event;

"the deeds registry" means the part of the General Registry in which documents are recorded under the Registration of Deeds Act 1961 4 ;

"the Department" means the Department of Local Government and the Environment;

"filed plan" means an extract from the registry map which identifies the extent of the land in a registered title, with or without any indication of matters affecting that land or other land;

"Form" followed immediately by a number refers to the form so numbered in the Schedule;

"the index map" means a survey map which is maintained in the Registry and identifies the extent of all land the title to which is registered under the Act and any land in respect of which an application for first registration is pending;

"the index of names" means the index maintained under rule 9;

"the index of pending applications" means the index maintained under rule 7;

"matrimonial charge" means a charge arising under section 2 of the Matrimonial Homes Act 1971 5 ;

"notice" means notice in writing, and "notify" has a corresponding meaning;

"office copy" —

(a) in relation to the register or any entry in the register, has the meaning given by rule108(1);

(b) in relation to a document made by a court or any public authority, officer or office, means a copy made by that court, authority, officer or office and purporting to be a copy of the original document;

"priority search" means a search under rule 113;

"registered title" means a set of entries in the register which is identified in the register by a unique title number;

"the register" means the title register;

"the Registry" means the Land Registry;

3 XIII p.235 4 XIX p.273 5 1971 c.23

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"rights of occupation" has the same meaning as in the Matrimonial Homes Act 1971;

"supplementary plan" means a map or plan used to clarify the extent of the land in a registered title or any entries in a registered title when the filed plan is insufficient for that purpose.

"survey map" means a map prepared pursuant to the Isle of Man Survey Act 1991 6, or a photographic copy of such a map;

"title number" means a title number allocated under rule 3(2).

(2) Anything to be done by or to an applicant under these Rules may be done by or to an advocate acting for the applicant, and references to an applicant shall be construed accordingly.

PART 2

THE TITLE REGISTER

3. Form and content of register

(1) The register shall be compiled and maintained in electronic format or in such other format as the Registrar considers appropriate.

(2) The register shall be divided into titles, each of which shall bear a unique number and such other means of identification (if any) as the Registrar considers necessary or desirable.

(3) Each registered title shall indicate the title number and the tenure of the land comprised in it, and shall contain the following information, arranged in 3 parts as follows —

Part Contents

1 a description of the land comprised in the title, including —

(i) a reference to the filed plan;

(ii) in the case of a registered leasehold estate, a reference to the lease creating the estate;

(iii) particulars of rights and interests over other land which are appurtenant to the land, and of rights and interests over the land which are appurtenant to other land;

(iv) such other particulars or matters as the Registrar considers necessary or desirable;

2 (i) the class of title;

(ii) particulars of the owner of the land including, in the case of a company, its registered number;

(iii) the class of ownership;

0 6 1991 c.11


(iv) particulars of any cautions, inhibitions and restrictions;

(v) such other particulars or matters as the Registrar considers necessary or desirable;

3 particulars of burdens affecting the land, including —

(i) the ownership of any registered charges;

(ii) notice of the existence or otherwise of Schedule 5 burdens;

(iii) such other particulars or matters as the Registrar considers necessary or desirable

(4) Every entry on a title of a person as a registered owner or as entitled to receive any notice, or in any other capacity, shall include his address for service.

4. Dates of registered titles, editions and entries

(1) Every registered title shall include the date on which the title was created.

(2) Every edition of a registered title shall be identified by an edition number and indicate the date on which that edition was created.

(3) Every entry or amendment to an entry on a registered title shall record the date on which the entry was made or amended.

5. Division or amalgamation of registered titles

(1) When he considers it desirable to do so, the Registrar may divide a registered title into 2 or more registered titles or amalgamate registered titles.

(2) No division or amalgamation of registered titles under paragraph (1) may be made except —

(a) on the application or with the consent of, or after notice to, the registered owner, and

(b) after notice to any person who appears to the Registrar to be interested.

6. New edition of registered title

When he considers it to be desirable so to do, the Registrar may create a new edition of a registered title containing only the subsisting entries, and in doing so may make any rearrangement that he considers to be conducive to clarity.

7. Index of pending applications

(1) The Registrar shall maintain in an electronic format, or in such other format as he considers appropriate, an index of all pending applications for registration.

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4110 (2) The details recorded in the index of pending applications shall include

in respect of each application —

(a) the application number assigned to it;

(b) the date on which, and the time at which, it was presented to the Registry;

(c) the fees paid;

(d) the name and address for service of each applicant;

(e) the name and address of the advocate for each applicant (if any);

(f) in the case of an application for first registration, a reference to any relevant entry in the register maintained under rule 8;

in the case of an application for registration of a dealing, the title number of each title to which the application relates.

(3) On the receipt of an application for registration the Registrar shall • make a note on the registry map identifying the application and the land to which it

relates.

(4) When an application is completed by registration or is rejected, the entry made under paragraph (3) shall then be cancelled.

8. Register of transactions giving rise to first registration

(1) The Registrar shall maintain in an electronic format, or in such other format as he considers appropriate, a register of transactions by virtue of which any estate conveyed or created is subject to compulsory first registration by virtue of paragraph 1 of Part 2 of Schedule 2 to the Act.

(2) A person who is a party to such a transaction may apply to the Registrar in Form 6 for the entry of that transaction in the register maintained under paragraph (1).

(3) An application under paragraph (2) shall be accompanied by —

(a) an extract from the survey map showing the extent of the land comprised in the transaction; and

(b) the instrument by which the transaction is effected.

(4) On the receipt of an application under paragraph (2) the Registrar shall enter in the register maintained under paragraph (1) —

(a) the date and description of the instrument;

(b) the names and addresses of the parties thereto;

(c) the parish in which the land in question is situated;

(d) the date and time when the application was received; and

(e) such other particulars as the Registrar thinks fit;

and shall return the instrument to the applicant endorsed with the date and time mentioned in sub-paragraph (d).

(g)

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• 1 1


(5 )

An entry made under paragraph (4) shall be cancelled —

(a) when an application for first registration of the title to the land comprised in the transaction is presented, or

(b) on the expiration of 3 months from the date of the instrument,

whichever is the sooner.

(6) A transaction entered in the register maintained under paragraph (1) shall, from the time mentioned in paragraph (4)(d), rank in priority of claim over any other transaction affecting the estate thereby conveyed or created, except a transaction to which a prior subsisting entry in that register relates.

9. Index of names

The Registrar shall maintain in an electronic format, or in such other format as he considers appropriate, an index containing the name of every registered owner in the register together with every title number in respect of which he is registered as owner.

PART 3

GENERAL PROVISIONS RELATING TO APPLICATIONS

10. Registry opening hours

The Registrar shall —

(a) give notice in one or more newspapers published and circulating in the Island, and

(b) notify the Isle of Man Law Society,

of any change in the hours during which the Registry is open to the public, and of any days (other than Saturdays, Sundays and bank holidays) when the Registry is closed to the public.

11. Time of presentation

(1) Every application presented to the Registry shall be marked with the date on which and the time at which it was presented, or is deemed by paragraph (2) to have been presented.

(2) An application sent to the Registry by post shall be deemed to have been presented as follows —

(a) if it is received when the Registry is open to the public, immediately before it is closed to the public on that day;

(b) if received when the Registry is closed to the public, immediately before it is closed on the next day on which it is open to the public.

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• (3) Paragraph (2) applies to an application made by electronic means

under rule 116 as it applies to an application sent by post.

12. Defects in application

(1) Where, on presentation or at any time thereafter, an error or omission is discovered in an application or it is otherwise defective, the Registrar may —

(a) by notice to the applicant request him to rectify the error, omission or defect within a time specified in the notice, and hold the application in the meantime;

(b) if it appears to him that the error, omission or defect is obvious and of a minor or clerical nature, rectify it himself; or

(c) if it appears to him that the error, omission or defect is not capable of rectification, reject the application.

(2) Where the requirements of a notice under paragraph (1)(a) are not complied with within the time specified, the Registrar may reject the application

( 3 )

Where, on presentation of an application or at any time thereafter, the Registrar is satisfied that the prescribed fee remains unpaid (in full or in part), the Registrar shall by notice to the applicant request him to pay the fee or the balance of the fee. as the case may be, within such period (not less than 14 days) as may be specified in the notice and hold the application in the meantime.

(4) Paragraph (3) does not apply where arrangements with the applicant or the advocate acting for the applicant are in force, in accordance with an order under section 76(1) of the Act, for payment of prescribed fees on credit.

(5) Where the requirements of a notice under paragraph (3) are not complied with within the time specified, the Registrar shall reject the application

(6) The rejection of an application under this rule shall not prejudice any right of the applicant to make a fresh application for the same purpose, but nothing in this paragraph operates to preserve any priority attaching to the rejected application.

13. Priority of applications

Where 2 or more applications affecting the same land are presented or are deemed to be presented at the same time, their ranking in priority as between one another shall, subject to any provision of the Act, be determined as follows —

(a) where one transaction is dependent upon another, the Registrar may assume (unless or until the contrary appears) that the applicant or applicants have specified or agreed that the applications shall have priority so as to give effect to the sequence of the instruments effecting the transactions;

(b) subject to paragraph (a), where they are made by the same applicant, they shall rank in the order set out in the applications;

(c) subject to paragraph (a), where the applications are not made by the • same applicant, they shall rank in such order as may be agreed between

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the applicants or, failing agreement, as the Registrar determines after giving notice to each applicant.

14. Production of deeds etc.

(1) Where—

(a) a document is required by these Rules to be filed with or produced to the Registry in connection with any application,

(b) the original is deposited in the deeds registry, and

(c) the application —

(i) states that it is so deposited, and

(ii) gives the number under which it is registered in the deeds registry,

the requirement shall be deemed to be complied with

(2) Subject to paragraph (1), where on any application a document is required by these Rules to be, but is not, filed with or produced to the Registry, the Registrar may reject the application unless he is satisfied that it is impossible or impracticable to produce it, in which case the Registrar may accept a certified copy in its place

15. Address for service

(1) The address for service of the applicant which is specified in any application shall be his address for service for the purpose of the application and any proceedings relating to it.

(2) Subject to paragraph (1), the address of any person as stated in the register shall be his address for service.

(3) A person may by notice in Form 10 change his address for service, and on receipt of such a notice the Registrar shall amend the register accordingly.

PART 4

FIRST REGISTRATION AND EXAMINATION OF TITLE


Every application for first registration shall be in Form 1.

17. Documents to be presented with application

(1) Unless the Registrar otherwise directs, every application for first registration shall be accompanied by —

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(a) an extract from a survey map on which the boundaries of the land are clearly indicated;

(b) an epitome of the title of the applicant, that is, a list or lists in chronological order of all instruments, acts and events relevant to the title;

(c) all such original deeds and documents relating to the title as the applicant has in his possession or under his control including affidavits, statutory declarations, opinions, abstracts of title, contracts for or conditions of sale, searches and requisitions on title and replies thereto and other like documents, and any other evidence necessary to prove such title;

(d) copies or abstracts of any instruments referred to in sub-paragraph (b), the originals of which are not included under sub-paragraph (c);

(e) where the first registration is compulsory under section 23, the originals of the conveyance or assignment to the applicant and of any charge made by the applicant;

(f) a certified copy of the conveyance or assignment to the applicant (as well as the original, where required);

(g) a certified copy of any instrument creating a charge affecting the land (as well as the original, where required);

(h) a copy or counterpart of any lease for an original term of more than 21 years, or for a life or lives, to which the land is subject;

(i) particulars of rights and interests over other land which are appurtenant to the land, and of rights and interests over the land which are appurtenant to other land, by reference to documents or abstracts or copies of documents accompanying the application;

(j) particulars of all Schedule 6 burdens to which the land is subject, by reference to documents or abstracts or copies of documents accompanying the application;

411 (k) a certificate by an advocate in the form included in Form 1.

(2) Unless the Registrar otherwise directs, an application for first registration of the ownership of a leasehold estate shall be accompanied also by —

(a) the original of the lease under which the land is held, and

(b) a certified copy of that lease.

(3) Nothing in this rule requires an application to be accompanied by the original of a document which is registered in the deeds registry.

(4) In the case of an application for first registration of the ownership of a leasehold estate, where the title of the lessor is not registered and a counterpart of the lease is presented with the application, the counterpart shall be returned to the person entitled to it endorsed with a note of the fact of registration in such form as the Registrar considers appropriate.

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(5) A copy or abstract of a document accompanying the application shall, where the document is registered in the deeds registry, include particulars of the date, description and parties and the date and number of registration.

(6) Where the map provided under paragraph (1)(a) —

(a) does not sufficiently identify the land the subject of the application, or

(b) does not indicate the extent of other land affected by rights or interests appurtenant to the land, or of land subject of the application which is affected by rights or interests appurtenant to other land,

the application shall be accompanied by such further particulars as are necessary to identify the land the subject of the application or the land referred to in sub-paragraph (b), as the case may be.

(7) In particular, where —

(a) the land the subject of the application consists of or includes a flat or floor, or part of a flat or floor, of a house or building, or a cellar or tunnel, or an underground space apart from the surface, or

(b) any of the boundaries of the land is in a plane other than the vertical,

an extract from a survey map shall be furnished showing the surface under or over which the land lies, together with such other elevations, sections, plans and other descriptions (if any) as the Registrar considers necessary.

(8) In a case where paragraph (7) applies, any reference in these Rules to a map or plan (other than a survey map) includes a reference to an elevation, section or plan mentioned in that paragraph.

18. First registration of lease of registered land

(1) An application to register any lease to which entry 3 of Part I of Schedule 2 to the Act applies shall be deemed to include a request —

(a) for registration of the lease as a burden on the appropriate title, and

(b) for registration, with such title as may be appropriate, of the lessee as owner.

(2) The entry on the register to be made under paragraph (1)(a) shall include —

(a) the date of and parties to the lease,

(b) particulars of the term, and

(c) particulars of the land demised, sufficient to identify it on the registry map.

19. Foreshore and sea-bed

(1) Where any land comprised in an application for first registration includes foreshore or sea-bed that fact shall be stated in the application.

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(2) No such registration shall be completed except after notice to the Department of Transport.

20. Notice to be recorded in deeds registry

(1) The notice of registration to be given pursuant to section 67(3) of the Act shall be in Form 5.

(2) On completion of a first registration the Registrar shall record the notice in accordance with the Registration of Deeds Act 1961.

21. Examination of title

(1) Where—

(a) the examination of any title is required under the Act, or

(b) the Registrar considers that an examination of title is necessary to facilitate any registration,

he shall direct that such an examination take place, and that in the meantime the application be suspended.

(2) An examination of title shall be conducted —

(a) \\here the Registrar considers that it requires particular skill or experience which can most effectively be obtained from some person possessing the necessary expertise and professional qualification, by that person;

(b) in any other case, by such officer of the Registry as the Registrar may appoint for the purpose.

(3) Before the Registrar gives a direction under paragraph (1), he shall give notice to the applicant for registration.

(4) In any examination of title, the Registrar may order the making of all such enquiries, searches, advertisements and service of notices in such manner and by such person as he considers expedient.

22. Registration with class of title other than that applied for

Before the Registrar registers an applicant for first registration as owner of a freehold or leasehold estate with a title other than that applied for, he shall give notice to the applicant.

23. Caution against first registration

(1) A caution requiring notice of an application for first registration of land shall be in Form 7.

(2) The affidavit to accompany a caution under paragraph (1) — • 17


(a) shall be in Form 7 and sworn by the cautioner or his advocate, and

(b) shall exhibit an extract from the survey map on which the boundaries of the land to which the caution relates are clearly indicated.

(2) On the receipt of a caution the Registrar shall make a note on the registry map indicating that a caution has been lodged in respect of the land to which it relates.

(3) The time within which an appearance must be entered to a notice to a cautioner to appear and oppose an application for first registration is 21 days after service of the notice.

24. Withdrawal of caution

(1) A caution may be withdrawn in respect of the whole or part of the land to which it relates on an application by the cautioner in Form 8.

(2) Where the application is to withdraw a caution from part of the land to which it relates, the application shall be accompanied by an extract from the survey map on which the boundaries of the land to which the application relates are clearly indicated.

25. Consent by cautioner

(1) At any time after a notice to a cautioner to appear and oppose an application for first registration has been served, the cautioner may give his consent in writing to the registration.

(2) The consent may be either absolute or conditional on some special entry being made on the register.

26. Dealings by person having right to apply for first registration

(1) Where a person having the right to apply for first registration wishes to deal with the land in any way permitted by the Act before he himself is registered as owner, he may do so in the manner and subject to the conditions which would be applicable if he were so registered.

(2) In the case of a transfer, the transferee shall be regarded as the applicant for first registration and shall be so recorded in the register.

(3) Subject to any prior rights obtained by registration under the Act and these Rules, a dealing to which this rule applies shall, when completed by registration, have the same effect as if the person making it was the registered owner.

(4) A dealing other than a lease shall not be accepted for registration until an application has been made for the registration of the title to the estate to which it relates; and if the application for registration of that title is subsequently refused, withdrawn or abandoned, the registration of the dealing shall be annulled and void.

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PART 5

DEALINGS WITH REGISTERED LAND

Transfers


Every application to register a disposition of registered land shall be in Form 100.

28. Forms of transfer

A transfer of registered land shall be in Form 2, 3 or 4 as the case requires, unless —

(a) it is otherwise provided by any statutory provision; or

(b) the circumstances of the case render it impracticable to make the deed in any of those forms.

29. Covenants for title

( 1 ) Except as provided by this rule, no transfer of registered land may contain any covenant, warranty or undertaking on the part of the transferor or any other party thereto —

(a) as to the title of the transferor to the land or his right to effect the transfer; or

(b) as to burdens, charges, adverse rights or interests or encumbrances affecting the land;

(c) as to any steps to be taken by the transferor to perfect the title of the transferee or any other person to the land or any interest in it.

(2) Where the transferor of registered land purports to transfer the land with full guarantee of title, there shall be implied in the transfer a covenant by the transferor —

(a) that he has the right (with the concurrence of any other person who is a party to the transaction) to transfer the land as he purports to;

(b) that he is transferring the land free from all charges and other burdens (whether monetary or not), and from all other rights exercisable by third parties, other than any charges and other burdens which he does not know about and could not reasonably be expected to know about;

(c) that he will at his own cost do all that he reasonably can to give the person to whom he transfers the land the title he purports to give;

(d) in the case of a leasehold estate —

(i) that the lease is subsisting at the time of the transfer; and

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(ii) that there is no subsisting breach of a condition or tenant's obligation, and nothing which at that time would render the lease liable to forfeiture.

(3) Where the transferor of registered land purports to transfer the land with limited guarantee of title, there shall be implied in the transfer a covenant by the transferor —

(a) that he has the right (with the concurrence of any other person who is a party to the transaction) to transfer the land as he purports to;

(b) that he has not since the last disposition for value —

(i) charged or encumbered the land by means of any charge or burden, or granted any right in relation to the land exercisable by a third party, which subsists at the time of the transfer, or

(ii) suffered the land to be so charged or encumbered or subjected to any such rights,

and that he is not aware that anyone else has done so since the last disposition for value;

(c) that he will at his own cost do all that he reasonably can to give the person to whom he transfers the land the title he purports to give;

(d) in the case of a leasehold estate —

( i that the lease is subsisting at the time of the transfer; and

) that there is no subsisting breach of a condition or tenant's obligation, and nothing which at that time would render the lease liable to forfeiture;

(4) Subject to the terms of the transfer, in ascertaining for the purposes of the covenants implied by paragraphs (2) and (3) what the transferor purports to transfer, it shall be presumed that the transfer is of the whole of the registered land.

(5) The foregoing provisions of this rule apply, with the necessary modifications, to the grant of a lease or underlease out of registered land, and to a charge of registered land, as they apply to a transfer of registered land; and in the case of the grant of an underlease, the reference to the lease in paragraphs (2)(d) and (3)(d) are to the lease out of which the underlease is created.

(6) In addition, where the chargor of registered land purports to charge the land with full guarantee of title or limited guarantee of title, there shall be implied in the charge a covenant by the chargor —

(a) in the case of leasehold land, a covenant that the chargor will fully and promptly observe and perform all the obligations under the lease subject to the charge that are for the time being imposed on him in his capacity as tenant under the lease;

(b) in the case of land subject to a rentcharge, a covenant that the chargor will fully and promptly observe and perform all the obligations under the instrument creating the rentcharge that are for the time being enforceable with respect to the land by the owner of the rentcharge in his capacity as such. •

20


• (7) A transferor, lessor or chargor is not liable under the covenants implied by virtue of paragraphs (2)(a), (b) and (d) or (3)(a), (b) and (d) in respect of —

(a) any burden entered, or notice of which is entered, on the register of the land in question;

(b) any particular matter to which the transfer, lease or charge is expressly made subject; or

(c) any matter which at the time of the transfer, lease or charge is within the actual knowledge of the transferee, lessee or chargee, or which is a necessary consequence of facts which are then within his actual knowledge.

(8) The benefit of a covenant implied by this rule shall be annexed and incident to, and shall go with, the estate or interest of the transferee, lessee or chargee, and shall be capable or being enforced by every person in whom that estate or interest is, in whole or in part, for the time being vested.

0(9) The operation of any covenant implied by this rule may be limited or

extended by a term of the transfer, lease or charge in question.

30. Dealing with part of land comprised in title

(1) Where a document deals with part only of the land in a title, the document shall include or be accompanied by an extract from the survey map on which the boundaries of that part of the land are clearly indicated, signed by the parties to the document or by their advocates.

(2) Where the map or other identification referred to in paragraph (1) —

(a) does not sufficiently identify the land the subject of the dealing, or

(b) does not indicate the extent of other land affected by rights or interests appurtenant to the land, or of land subject of the application which is affected by rights or interests appurtenant to other land,

any application for registration of the dealing shall be accompanied by such further particulars as are necessary to identify the land the subject of the dealing or the land referred to in sub-paragraph (b), as the case may be.

(3) In particular, where —

(a) the land the subject of the dealing consists of or includes a flat or floor, or part of a flat or floor, of a house or building, or a cellar or tunnel, or an underground space apart from the surface, or

(b) any of the boundaries of the land is in a plane other than the vertical,

an extract from the survey map shall be furnished showing the surface under or over which the land lies, together with such other elevations, sections, plans and other descriptions (if any) as the Registrar considers necessary.

• 21


Transmission on death

31. Registration of personal representatives

(1) Where a person registered as full owner of land or a registered charge has died, his personal representatives may apply in Form 20 for registration of themselves as owner.

(2) An application under paragraph (1) shall be accompanied by the grant of probate of the will or letters of administration of the estate of the deceased.

32. Death of a joint tenant

(1) Where one of 2 or more persons who are registered as joint tenants of land or a charge has died, the survivor or one or more of the survivors may apply in Form 20 for the name of the deceased to be withdrawn from the register.

(2) An application under paragraph (1) shall be accompanied by evidence of death.

33. Assent or transfer by personal representatives

(1) Where a person registered as full owner of land or a registered charge has died, an assent or transfer by his personal representatives in favour of a person who claims to be entitled to the land shall be in Form 17, 18 or 19 as the case requires.

(2) On production of the assent or transfer and the grant of probate of the will or letters of administration of the estate of the deceased, the Registrar shall register as owner the person named in the assent or transfer for that purpose subject to such burdens (if any) affecting his title as are set out in the assent or transfer.

Settled land

34. Determination of interest of limited owner

(1) On the determination of the estate of a person registered as a limited owner, the person entitled to be registered as a result of such determination shall be so registered on his application in Form 28.

(2) An application under paragraph (1) shall be accompanied by a certificate by an advocate, or a statutory declaration by the person so entitled or by a trustee of the settlement, giving the following particulars —

(a) the terms of the settlement;

(b) the manner in which the determination of the limited ownership occurred;

(c) the manner in which the applicant's interest has accrued;

(d) such other facts as, from the settlement and the nature of the case, may be necessary to prove the entitlement of the applicant;

22


(e) an averment as to the dealings (if any) by that person or his predecessors in title and that all material facts have been disclosed.

(3) Unless the document constituting the settlement, or a copy of it, is filed in the Registry, an application under paragraph (1) —

(a) shall be accompanied by that document or a certified copy of it, and

(b) if the document is recorded in the deeds registry, shall state the number of such registration.

(4) The certificate or statutory declaration referred to in paragraph (2) shall be accompanied by such other documents (if any) as are necessary, in the opinion of the Registrar, to prove the averments in it regarding the devolution of the title.

(5) Where the application is not supported by a statutory declaration made by a trustee of the settlement, the registration may not be completed except after notice to the trustees of the settlement (if any).

(6) A statement by a trustee of the settlement that any burden created by the settlement has ceased or been discharged shall be sufficient evidence of such cessation or discharge.

35. Registered land acquired by trustees of a settlement

Where registered owners hold land as trustees, having acquired it with capital money arising under a settlement, they, or the person entitled under the settlement, may apply in Form 20 supported by a statutory declaration to have that person registered as owner.

36. Entry of name of a new trustee of a settlement

Where a person is registered as limited owner, the name of a new trustee of the settlement for the purposes of the Settled Land Act 1891 7 shall be entered on the register on an application in Form 20 accompanied by —

(a) the deed of appointment or other instrument by which the appointment is made, and

(b) such evidence as the Registrar may require to show that the appointment was properly made.

37. Defeasance

(1) An application by any person claiming to be entitled to registered land in any case mentioned in section 33 of the Act shall be in Form 20, and shall be accompanied by such evidence as is necessary, or as the Registrar may require, to show that the applicant is so entitled.

(2) On registration of an owner pursuant to such an application, the following registered burdens and notices shall be cancelled on the register —

VI p.255

23


(a) where the transfer is made by a statutory provision, or in exercise of a statutory power, burdens and notices from which the land would be discharged by the statutory provision, or the exercise of the statutory power, if the land were unregistered;

(b) where the transfer is made in exercise of a power registered as a burden or a power of appointment, the burdens and notices ranking in priority after the power;

(c) where the transfer is made by a vesting order of a court or by a person appointed by a court to transfer, the burdens and notices which the court directs to be discharged on the registration of the transferee;

and the Registrar shall make such alterations of the register as he considers necessary to give full effect to the defeasance of the estate of the registered owner and the vesting in the applicant.

Reclassification of title

38. Reclassification of title

(1) An application for reclassification of a title under paragraph 1 of Schedule 3 to the Act shall be in Form 22.

(2) An application for reclassification of a title under paragraph 2 of Schedule 3 to the Act shall be in Form 22.

(3) An application referred to in paragraph (2) shall be accompanied by a statutory declaration by the applicant, or a certificate by his advocate, stating —

(a) the facts and circumstances on which the application is founded;

(b) that he has made all relevant and prudent enquiries;

(c) that he is not aware of any fact or circumstance which should or could prevent the application for reclassification of title.

39. Amendment of register on reclassification

On any reclassification of title the Registrar may add, modify or cancel such entries in the register as he considers necessary to ensure that the register is in conformity with the reclassified title.

Rights appurtenant to registered land

40. Application to enter appurtenant right on the register

( 1 ) An application referred to in section 46 of the Act shall be either included in an application for registration or in Form 21, and shall be accompanied by such evidence as the Registrar may require to indicate the nature and extent of the right or interest and to show that the applicant is so entitled.

•

• 24


(2) The Registrar shall give, or require to be given, notice of the application to any person appearing to him —

(a) to have an interest in the land affected by the right or interest, or

(b) to be in possession of that land,

and, if the title to that land is registered, to the registered owner.

Burdens


(1) An application to register the existence of a Schedule 5 burden —

(a) shall be in Form 21;

(b) shall state the nature and effect of the burden;

(c) shall be accompanied by —

(i) the instrument by which the burden was created or, if it was created otherwise than by an instrument, a statutory declaration setting out the circumstances under which it arose;

(ii) an extract from the survey map on which the boundaries of the land affected by the burden are clearly indicated;

(iii) such further evidence as the Registrar may require.

(2) The existence of a Schedule 5 burden shall not be registered except on an application by —

( a) the registered owner, or

( b) the person entitled to the burden, either with the consent of the registered owner or pursuant to an order of the court or the Land Commissioner.

( 3 ) The Registrar shall not be required to register the existence of a

Schedule 5 burden —

(a) which appears to him to be of a trivial or obvious character, or

(b) the entry of which on the register is in his opinion likely to cause confusion or inconvenience.


(1) An application to register a Schedule 6 burden —

(a) shall be in Form 21,

(b) shall state the nature and effect of the burden;

(c) shall be accompanied by —

25


(i) the instrument by which the burden was created or, if it was created otherwise than by an instrument, a statutory declaration setting out the circumstances under which it arose;

(ii) an extract from the survey map on which the boundaries of the land affected by the burden are clearly indicated;

(iii) such further evidence as the Registrar may require.

(2) A Schedule 6 burden shall not be registered except on an application by —

(a) the registered owner, or

(b) the person entitled to the burden.

43. Mode of entry

The form and content of an entry to be made in the register pursuant to an application under rule 41 or 42 shall be determined by the Registrar and may include a copy or extract of the instrument (if any) creating it.

44. Burdens having statutory priority

(1) An application for registration of a burden which is claimed to have priority over another burden or other burdens by virtue of some statutory provision shall specify the statutory provision under which such priority is claimed.

(2) If the Registrar is satisfied that the application establishes the priority claimed, he shall make an appropriate entry in the register.

45. Competing priority

Where 2 or more Schedule 6 burdens are created by the same instrument, they shall be deemed to have equal priority for the purposes of registration, unless —

(a) a priority is conferred by statutory provision, or

(b) the application for registration specifies a contrary intention and states the order of priority.

46. Modification and discharge of registered covenants

(1) An application to modify or discharge a covenant or condition falling within paragraph 10 of Part I of Schedule 6 shall be in Form 20 setting out sufficient particulars to enable the Registrar to make an entry relating to the modification or discharge in each registered title affected by it.

(2) The application shall be accompanied by —

(a) the deed or other instrument which created the covenant or condition;

I

•

• 26


(b) the deed or other instrument by which the covenant or condition is modified or discharged;

(c) in a case falling within section 43(1)(a), evidence of the consent of the persons concerned;

(d) in a case falling within section 43(1)(c), evidence that the condition set out in section 43(1)(b)(i) is fulfilled.

47. Modification and discharge of other registered burdens

(1) An application to modify or discharge a registered burden (other than a charge, a matrimonial charge or a burden to which rule 46 applies) shall be in Form 20 setting out sufficient particulars to enable the Registrar to make an entry relating to the modification or discharge in each registered title affected by it.

(2) The application shall be accompanied by —

(a) the deed or other instrument by which the burden is modified or discharged;

(b) where necessary, evidence of the consent of the persons concerned.

48. Lease covenants

Where —

(a) an application is made for the cancellation of an entry relating to a lease in the register on the determination of the lease otherwise than by effluxion of time; and

(b) the lease contains a covenant or condition falling within paragraph 10 of Part I of Schedule 6 which the Registrar has reason to believe may be enforceable by any person other than the lessor,

the Registrar may make an entry in the register to record that the land may be subject • to that covenant or condition.

49. Additional Schedule 6 burden

Any covenant of a type mentioned in section 30(4) of the Law Reform Act 1997 8 , not being a covenant falling within —

(a) section 30(2) of that Act, or

(b) paragraph 10 of Part I of Schedule 6 to the Act,

is prescribed as a Schedule 6 burden.

• 8 1997 c.1

27


50. Rentcharge

A rentcharge in respect of registered land may be created by a deed in Form 36.

51. Renewal of registration of pending action

An application to renew the registration of a pending action as a burden shall be in Form 20 which must be presented to the Registry before the expiration of the existing registration.

52. Cessation of effect of Schedule 5 burden

(1) Where, on application or otherwise, the Registrar is satisfied that any registered land is exempt from, or has ceased to be affected by, a Schedule 5 burden, he may make such entry in the register as he considers necessary.

(2) The Registrar shall not make an entry under paragraph (1) without the consent of —

(a) the registered owner of any title affected, and

(b) every person appearing to him to be entitled to the benefit of the burden in question.

Charges

53. Form of charge

A charge on registered land (otherwise than by will) shall be in Form 11.

54. Joint lenders

Where money to be secured by a charge on registered land is advanced by more than one person —

(a) if the application for registration states the shares to which they are entitled, they shall be registered as owners of the charge in undivided shares (specifying the shares as stated in the application);

(b) otherwise they shall be registered as joint owners of the charge.

55. Obligation to make further advances

Where the owner of a charge is under an obligation to make further advances, he may apply in Form 21 for an entry to be made on the register to note that obligation.

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56. Transfer of charge

(1) A transfer of a registered charge shall be in Form 13.

(2) In relation to a transfer of a registered charge section 31 of the Act shall have effect —

(a) with the substitution in subsections (1) to (3) of references to the charge for references to land; and

(b) with the omission of subsections (4) to (6).

57. Discharge of registered charge

A discharge of a registered charge shall be in Form 15 or 16.

58. Charges created by companies

(1) An application to register a charge created by a company shall include a certificate or other evidence that the charge has been registered under Part III of the Companies Act 1931.

(2) In the absence of such evidence, a note that no such evidence has been filed shall be entered on the register.

(3) Where a floating charge on the assets of a company has crystallised, it may be registered as a Schedule 6 burden on any registered land of the company on an application in Form 21 —

(a) identifying the property affected by the crystallised charge by a reference to the relevant title, and

(b) including or referring to such evidence as is necessary to prove that the floating charge has crystallised.

(4) An application under paragraph (3) shall be accompanied by —

(a) the document creating the floating charge; and

(b) either —

(i) the document or other instrument (if any) by virtue of which the charge has crystallised, or

(ii) a certificate by an advocate that the charge has crystallised.

(5) On registration of a charge under paragraph (3) the documents mentioned in paragraph (4)(a) and (b)(i) shall be returned to the applicant.

59. Sub-charges

(1) The owner of a registered charge may at any time create a charge for the payment of money in the same manner as the registered owner of the land can create a charge on it; and such charges are in these rules referred to as sub-charges.

• 29


(2) The owner of a sub-charge shall, subject to any entry to the contrary in the register, have the same powers of disposition, in relation to the land, as if he had been registered as owner of the principal charge and his interest in such charge shall be described on the register as a sub-charge.

(3) A sub-charge shall be completed, transferred and discharged in the same form and manner as a charge.

(4) Subject to any contrary entry in the register, a sub-charge shall, as against the person creating it, imply the same covenants and, as against that person and all persons over whose interests the charge confers power, confer the same powers and have the same effect as a charge.

(5) Registered sub-charges created out of the same charge shall, as between themselves, rank according to the order in which they are entered on the register and not according to the order in which they are created.

60. Alteration of terms of a registered charge

Where the terms of a registered charge have been varied, the owner of the charge may apply in Form 14 for the making of any entries in the register necessary to give effect to the variation.

Matrimonial charges

61. Registration of matrimonial charges

(1) An application for the registration of a matrimonial charge as a burden shall be in Form 21 and shall be accompanied by —

(a) a certified copy of an entry in a register of marriages relating to the marriage in question;

(b) any release of part of the dwelling house from the rights of occupation; and

(c) any document postponing the priority of the charge.

(2) In paragraph (1) "dwelling house" has the same meaning as in the Matrimonial Homes Act 1971.

62. Cancellation and variation of entries relating to matrimonial charges

(1) The registration of a matrimonial charge as a burden may be cancelled or varied, or the postponement of its priority registered (except in the case of a postponement to which rule 44 applies), on an application in Form 20 accompanied by —

(a) a document releasing or varying the rights of occupation constituting the charge, or postponing the priority of the charge, as the case may be;

(b) the evidence mentioned in paragraph (2);

(c) such further evidence as the Registrar may require.

30


(2) The evidence required by virtue of paragraph (1)(b) is —

(a) a certified copy of an entry in a register of deaths relating to either spouse;

(b) a certified copy of a decree of divorce or nullity of marriage granted by the High Court, or entitled to recognition in the Island, which is effective to dissolve or annul the marriage in question;

(c) a certified copy of any relevant order of the court under section 1(2) of the Matrimonial Homes Act 1971 in relation to the rights of occupation constituting the charge;

(d) such further evidence as the Registrar may require as to the death or either spouse or the nullity of, or termination otherwise than by death of, the marriage in question.

Miscellaneous dealings

63. Application for registration of title to registered land acquired by possession

(1) An application for registration of title by a person claiming pursuant to section 48 of the Act to have acquired a title by possession to registered land shall be in Form 20 supported by a statutory declaration by the applicant.

(2) All statements made in the statutory declaration of the applicant which are not supported by other documentary evidence shall be corroborated by statutory declarations by an independent person which shall be lodged with the application.

(3) The registration shall not be completed except after notice to —

(a) the registered owner, and

(b) any other person appearing from the register to be entitled to transfer or charge the registered land to which the application relates.

64. Extinguishment of registered leasehold estate

(1) An application pursuant to section 26(1) of the Act shall be in Form 38 accompanied by such evidence of the title to the superior and inferior estates and of the merger or extinguishment as appears to the Registrar to be necessary.

(2) An application in the circumstances mentioned in section 26(1)(b) of the Act shall be accompanied by the matters specified in rule 17.

(3) The Registrar shall not make any entry on the register which would in any way prejudice any charge or other burden to which any leasehold estate merged or liable to be merged in the freehold or a superior leasehold otherwise to be extinguished, is subject, except —

(a) where he is satisfied that the burden has ceased to have effect,

(b) where any other statutory provision provides to the contrary, or

31


(c) pursuant to an agreement under paragraph (4) or an order of the High Court or the Land Commissioner.

(4) Nothing in this rule precludes the parties entitled (whether as registered owners or otherwise) to any charge or other burden on any leasehold estate intended to be merged in any freehold or superior leasehold or otherwise extinguished from agreeing to any such merger or other extinguishment upon such terms as they think fit, including its registration as a burden on the freehold or superior leasehold.

(5) Paragraphs (3) and (4) apply notwithstanding any declaration as to merger made by any transferee, grantee or assignee.

PART 6

CAUTIONS, INHIBITIONS AND RESTRICTIONS AFFECTING REGISTERED LAND

Cautions

65. Caution against dealing with registered land

(1) An affidavit in support of a caution against any dealing with registered land lodged under section 61(1) of the Act shall be in Form 31 and shall include sufficient particulars to identify the nature and extent of the cautioner's interest.

(2) Where a caution relates to part only of the land comprised in a registered title the affidavit must exhibit an extract from the survey map on which the boundaries of the land to which the caution relates are clearly indicated.

(3) The Registrar shall give notice in Form 12 to the registered owner of the lodgment of a caution.

(4) An application to discharge a caution against any dealing with registered land shall be in Form 32.

(5) The period after which a caution shall lapse under paragraph 3 of Schedule 9 to the Act is 14 days after service on the cautioner of the notice under paragraph 1 of that Schedule.

66. Withdrawal of caution against dealing with registered land

(1) A caution against dealing with registered land may be withdrawn with respect to the whole or any part of the registered land on an application in Form 8.

(2) Where the application relates to part only of the land comprised in a registered title the application shall be accompanied by an extract from the survey map on which the boundaries of the land to which the application relates are clearly indicated.

32


10 67. Caution against reclassification

(1) Section 61 of the Act applies to cautions against reclassification of any registered land with the substitution, in subsection (1), for the words "no dealing with the land on the part of the registered owner should be registered" of the words "the title to the land should not be reclassified".

(2) Schedule 9 is modified in its application to cautions against reclassification as follows —

(a) in paragraph 1, for "register any dealing on the part of the registered owner of the estate" substitute "reclassify the title to the land";

(b) in paragraph 2, for "a dealing affecting that estate is brought in for registration" substitute "an application is made for the reclassification of the title to the land";

(c) in paragraph 3, for "the dealing may be registered" substitute "the title may be reclassified";

(d) in paragraph 4, for "dealing" substitute "reclassification".

(3) Rules 65 and 66 apply with any necessary modifications to cautions against reclassification of registered land as they apply to cautions against dealings with registered land.

Inhibitions

68. Registration of trustee owner

Where a person is, or applies to be, registered as full owner of land which he holds in the capacity of a trustee, he may apply, or the application may include a request, that an inhibition be entered on the register inhibiting the powers of disposition for the preservation and protection of the trusts or any beneficial interest thereunder.

69. Application for entry of inhibition

(1) An application for the protection of an interest in land comprised in a registered title pursuant to section 62(1) of the Act by any person interested in any registered land shall be in Form 21.

(2) Where the application is made with the consent of the person who is, or has applied to become, the registered owner, it shall be accompanied by such evidence as the Registrar may require of that consent.

(3) Where the application is made without the consent of the person who is, or has applied to become, the registered owner, the application shall be supported by a statutory declaration which shall set out —

(a) the facts and circumstances in support of the application; and

(b) the terms of the inhibition for which application is made.

(4) In either case the application shall be accompanied by any document creating the interest to which the application relates.

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(5 ) Before the Registrar enters an inhibition pursuant to an application under paragraph (1), he shall give notice to —

(a) the registered owner of the land; or

(b) where —

(i) the registered owner is dead, or subject to a legal incapacity, or

(ii) the land is settled and a limited owner is registered as owner,

to the person or persons appearing to be entitled to dispose of the registered land.

70. Withdrawal or modification of inhibition by consent

Where all the persons for the time being appearing from the register to be interested in any registered land consent, an application to withdraw or modify an inhibition (other than an inhibition entered on the register pursuant to an order of the court) shall be in Form 20.

71. Dealings inhibited except after notice to a specified person

Where —

(a) an entry in the register inhibits dealings except after notice to a specified person, and

(b) an application for registration of a dealing within the terms of the inhibition is presented to the Registry,

the registration shall not be completed except after notice to the person specified.

72. Inhibition under order of court

Where an entry inhibiting any dealing is registered pursuant to an order of the High Court, the fact shall be so stated in the entry.

73. Inhibition under the Criminal Justice Act 1990

(1) An application to the Registrar to enter an inhibition on the register under section 7(13) of the Criminal Justice Act 1990 9 ("the 1990 Act") may be made in Form 21.

(2) The application shall be accompanied —

(a) where a restraint order has been made under section 7 of the 1990 Act before the making of an application under paragraph (1), by a certified copy of the order and of any order varying it under section 7(6) of that Act;

9 1990 c.1

34


• (b) otherwise, a certified copy of the application for the restraint order.

(3) Before entering the inhibition the Registrar shall give notice to —

(a) the registered owner, and

(b) any other person appearing from the register to be entitled to transfer or charge the registered land to which the application relates.

(4) An inhibition under section 7(13) of the 1990 Act may be withdrawn or modified at the request or with the consent —

(a) of the Attorney General, and

(b) where it is proposed to modify the inhibition, the persons mentioned in paragraph (3)(a) and (b).

Restrictions • 74. Restrictions

(1) A restriction falling within section 64(a) of the Act shall be in the following form —

"Except by order of the Registrar no disposition by the registered owner is to be registered without the consent of [name of appropriate authority] ".

(2) A restriction falling within section 64(b) of the Act shall be in the following form —

"Except by order of the Registrar no disposition by the registered owner is to be registered without compliance with the requirements of [particulars of enactment] ".

(3) Before entering a restriction otherwise than on an application by the registered owner of the land or a person entitled to be registered as owner, the Registrar shall give notice to the registered owner.

e PART 7

MAPS AND BOUNDARIES

75. The registry map

(1) The registry map required to be maintained under section 57 of the Act may be created by and maintained in computerised form.

(2) A filed plan of registered land may be supported by supplemental plans drawn in sufficient detail to enable the Registry to record the land in the register.

(3) The extent of each registered title shall be defined on the registry map by defining its boundaries with an appropriate colour or symbol and each such entry shall include a reference to, or a means of identifying, the title number of the title.

(4) The identification of land which is subject to any pending application, • 35


burden, caution, inhibition or restriction may be defined on the registry map by colour, symbol or such other method as the Registrar considers appropriate.

76. Provisional maps

(1) Where—

(a) registered land is being divided and the extent of such divisions is not shown on the registry map; or

(b) unregistered land is being divided in circumstances in which applications for first registration of parts of the land are expected, and the extent of such divisions is not shown on the registry map;

the Registrar may, pending the revision of the registry map, proceed with registration and identify the holding by reference to a development or building plan approved by the Registry relating to the relevant land.

(2) Where land is provisionally identified under paragraph (1) by means of a development or building plan, that plan shall be marked or endorsed with a note to the effect that the mapping entries on it are subject and without prejudice to an official survey by the Department of the land.

(3) Where—

(a) land is provisionally identified under paragraph (1) by means of a development or building plan, and

(b) amendments of the registry map are subsequently proposed which purport to show the extent of the land,

the Registrar may, before making the amendments, give notice to the registered owner of the land.

77. Revision of registry map

When for any reason the detail on any map maintained by or on behalf of the Registrar is out of date, the Registrar may cause a new map to be prepared and substituted for it.

78. Application to make boundaries conclusive

(1) An application under section 59(2) of the Act to settle and enter on the register as conclusive any boundaries of registered land —

(a) shall be in Form 23 and include a description of the land sufficient to clearly define the proposed fixed boundaries; and

(b) shall be supported by an extract from the survey map on which the precise position of the boundaries to which the application relates is clearly indicated.

(2) Before making any entry on the register pursuant to such an application the Registrar shall give notice of the application, with a copy of the map

36


accompanying the application, to anyone (other than the applicants) whose interest the Registrar considers may be adversely affected by such application.

(3) When the Registrar is satisfied that the position and description of the boundaries have been determined precisely, and that the applicants are in agreement with such determination, all necessary entries or alterations shall be made on the registry map and a note shall be entered on every registered title affected, stating which boundaries are entered as conclusive.

(4) On the registration of a transfer of part of the land comprised in a registered title, the boundaries between the land transferred and the land retained may be registered where —

(a) an application for the purpose is made by the transferor and the transferee, and

(b) the written consent of every other person whose interest the Registrar considers may be adversely affected by the registration is given;

and paragraphs (1) to (3) apply with any necessary modifications to an application under this paragraph.

79. Application to determine boundaries or extent of registered land

(1) An application to the Registrar under section 59(5) of the Act to determine the boundaries or the extent of land transferred shall be in Form 24.

(2) The application shall —

(a) specify the question to be decided by the Registrar, and

(b) be supported by a statutory declaration setting out the grounds of the application and exhibiting plans showing the position of the existing registered boundary and the position in which it is claimed to be.

(3) Upon receiving such an application the Registrar may —

(a) require the parties to attend before him for directions, and

(b) after considering any applications for directions made by either party, give such directions as he shall thinks necessary or desirable.

80. Accretion and erosion

(1) If it appears to the Registrar that land has been —

(a) added to the land comprised in a registered title by accretion, or

(b) removed from such land by erosion,

he may amend the registry map and the register accordingly.

(2) No amendment may be made under paragraph (1) except after notice to

(a) the registered owner;

(b) such other persons as appear to the Registrar to be interested; and

37


(c) in the case of accretion or erosion affecting the foreshore or sea-bed, the Department of Transport.

PART 8

RECTIFICATION

81. Application to the Land Commissioner for rectification

(1) An application to the Land Commissioner under section 65(1) of the Act shall be in Form 25 supported by an affidavit setting out the facts upon which the application is based and the grounds on which it is made.

(2) The application shall be presented to the Registry, and the Registrar shall —

(a) enter notice of the application on each title stated in the application to be affected by it,

(b) deliver the application to the Land Commissioner, and

(c) comply with any directions given by the Land Commissioner at that time.

( 3 ) The Land Commissioner may give to the parties to the application, and to such other persons as he shall determine, notice to attend before him for such directions as he may consider necessary or desirable upon application or otherwise.

(4) The Land Commissioner may direct that the Registrar or any other officer of the Registry shall appear before him at any time after an application under paragraph ( I ) has been made and the Registrar or such other officer shall comply with any direction given at that time.

(5) After final determination of the application by the Land Commissioner, the Registrar shall take all such steps as may be necessary to comply with such determination.

82. Application to the Registrar for rectification

(1) An application to the Registrar under section 65(2) or (2A) of the Act shall be in Form 26.

(2) The prescribed time after service of a notice under section 65(2B) of the Act for lodging an objection is 21 days.

38


PART 9

PARTICULAR CLASSES OF OWNER

83. Co-owners

(1) Unless it is shown to the satisfaction of the Registrar that a person entitled to be registered as a co-owner of land is a joint tenant, the register shall show

(a) that such owner is a tenant in common, and

(b) the undivided share to which he is entitled, unless the Registrar is satisfied that all the persons entitled to be so registered are tenants in common in equal shares.

(2) An application for registration as co-owner of a person claiming as tenant in common shall state the share to which he is entitled.

84. Companies

(1) Where an application is made for the registration of a company incorporated in the Island as owner of registered land or a charge on registered land, the application shall state its company registration number, and shall include evidence

(a) of its incorporation under the Companies Acts and continuing existence, and

(b) that it is empowered to hold and deal with land.

(2) Where an application is made for the registration of a company incorporated outside the Island as owner of land or a charge on land, the application shall state the country in which it is incorporated and its company registration number (if any), and shall include evidence —

(a) of its incorporation and continuing existence, and that it is empowered to hold and deal with land;

(b) that it has complied with Part 11 of the Companies Act 1931.

(3 ) Where a document executed by a company makes it clear on its face that it is intended by the person or persons making it to be a deed, the Registrar shall be entitled to assume, unless evidence to the contrary is furnished to him, that the document is a deed that was delivered on the date of its execution.

(4) Without prejudice to paragraphs (1) to (3), the Registrar may accept a certificate signed by an advocate stating —

(a) that a dealing is within the powers of disposition of a company, and

(b) that any document has been validly executed by it,

as sufficient evidence in support of an application for registration of the dealing by the company.

39


85. Public authorities

(1) Where a public authority is registered as the owner of land, the Registrar shall enter a restriction on the register in the following form —

"Except with the leave of the Registrar or the Land Commissioner, no dealing with the land comprised in this title shall be registered otherwise than in accordance with the [Government Departments Act 1987 10][Statutory Boards Act 1987 11 ][Local Government Act 1985 12]" (or as the case may be)."

(2) Before entering such a restriction the Registrar shall give notice to the public authority in question, and to —

(a) the Treasury, in the case of a Department or Statutory Board; or

(b) the Department in the case of a local authority or a joint board (within the meaning of the Local Government Act 1985).

86. Charities

(1) Any application by a person to be registered as owner of land which is subject to or held on charitable trusts shall include an express request that the Registrar enter a restriction on the register in the following terms —

'Except with the leave of the Registrar or the Land Commissioner, no dealing with the land comprised in this title shall be registered otherwise than [in pursuance of an order of the High Court][in accordance with Schedule 2 to the Church Act l992 13]" (or as the case may be).

(2) Where an application does not include such a request but it appears to the Registrar that land is held on charitable trusts, the Registrar shall enter a restriction in the same terms on the register.

(3) Before entering a restriction under paragraph (2) the Registrar shall give notice to the applicant.

87. Charitable status

(1) Where upon any application to which rule 86 applies and where it is uncertain or doubtful whether it is held on charitable trusts, the Registrar shall refer the application to the Attorney General, and shall not register the title unless either —

(a) the Attorney General certifies that in his opinion the land is or is not held on charitable trusts; or

(b) the question has been determined by the Land Commissioner on a reference under section 6(3) of the Act or by the High Court.

The Registrar shall notify the applicant that he has made a reference under this paragraph.

1° 1987 c.13 u 1987 c.14 12 1985 c.24 13 1992 c.5

40

•

•


(2) Where registered land is vested in a corporation as custodian trustee the corporation shall be registered as owner of the land, but without prejudice to any powers of any managing trustees to dispose of the land or any interest in it, with or without the concurrence of the custodian trustee.

(3) Where registered land is vested in charity trustees, not being a corporation, the trustees shall be registered as owner by the name of "the Trustees for the time being of [name of charity]" with the address for service of the secretary, clerk or correspondent of the charity.

(4) Without prejudice to section 9 of the Charities Act 1962 14, the Registrar may accept as evidence of the identity of charity trustees a certificate made by an advocate.

88. Land held for Church purposes

(1) Where land is vested in any person by virtue of any provision of the Pastoral Measure 1983 15 or any other statutory provision relating to the Church of England, or of any scheme or order under any such provision, the Registrar shall, on production of a certificate to that effect by the Church Commissioners or the Sodor and Man Diocesan Board of Finance, register that person as owner of the land.

(2) Where the registered owner of land is an ecclesiastical person, being a corporation sole, he shall be registered as owner by his official name (as "the Incumbent of the benefice of —" or as the case may be), and the Registrar shall enter a restriction on the register in the following form —

"Except with the leave of the Registrar or the Land Commissioner, no dealing with the land comprised in this title shall be registered otherwise than in accordance with the Pastoral Measure 1983 or Schedule 2 to the Church Act 1992."

89. Friendly societies

(1) For the purposes of this rule a registered society or branch means a registered society or branch within the meaning of the Friendly Societies Act 1974 (an Act of Parliament) 16 .

(2) Where an application is made to register as owners the trustees for the time being of a registered society or branch there shall be produced to the Registrar, if he so requires, an acknowledgement of registration, a copy of the resolution whereby the trustees were appointed and a copy of the registered rules of the society or branch, as the case may be.

(3) On proof to the satisfaction of the Registrar that any person has ceased to be a trustee of a registered society or branch, he may cancel the registration of that person as an owner and any new trustee may be registered as owner on production of a copy of the resolution whereby he was appointed.

14 XIX p.632 15 1983 No.1 16 1974 c.46

41


(4) Where the trustees of a registered society or branch are registered as owners, on a disposition by such registered owners there shall be produced to the Registrar, if he so requires, a copy of the registered rules of the society or branch, as the case may be.

90. Entry of interest of minor

Where a person who, apart from section 55 of the Act and section 49 of the Settled Land Act 1891, would be entitled to be registered as owner of any land is a minor, his interest shall be noted on the register in the following form —

"[Name] is entitled to be registered as [full ownefl[limited owner] of the land comprised in this title but is a minor. [The power of a tenant for life under the Settled Land Act 1891 may be exercised by [names and addresses of persons having power under section 50 of the Settled Land Act 1891] j"

91. Persons who may represent minors

(1) A minor may, for all or any of the purposes of the Act, be represented by —

(a) a parent or guardian; or

(b) trustees appointed under section 50 of the Administration of Estates Act 1990 1 .

(2) Where during the course of any proceedings under the Act, it appears to the Registrar —

(a) that the person representing a minor has an interest adverse to or conflicting with the interest of the minor,

(b) that it is in the interest of the minor that some other person should be appointed to represent him, or

(c) that there is no person legally empowered to represent a minor,

he may apply to the Land Commissioner pursuant to section 6(3) of the Act, and upon such application being made, the Registrar shall suspend all dealings pending a direction by the Land Commissioner.

(3) Nothing in this rule affects the powers of the trustees of the settlement or a guardian or next friend of a minor under section 50 of the Settled Land Act 1891.

92. Cessation of minority

Where a person to whom section 55 of the Act or section 49 of the Settled Land Act 1891 applies ceases to be a minor, upon application in Form 27 supported by evidence to the satisfaction of the Registrar that he has attained his majority, that person may be entered on the register as owner.

17 1990 c.17

42


Insolvency

93. Bankruptcy notice

(1) An application for notice of the presentation of —

(a) a petition of bankruptcy, or

(b) a petition under section 82 of the Bankruptcy Code 1892 in respect of a deed of arrangement,

to be entered on the register under section 54(1) of the Act shall be in Form 29.

(2) Notice of presentation shall be entered in the register in the following form —

"A [petition of bankruptcy against][petition under section 82 of the Bankruptcy Code 1892 18 in respect of a deed of arrangement made by] [name, address and description of bankrupt or insolvent person] was presented on [date] . No dealing affecting the land comprised in this title may be entered without the leave of the Land Commissioner."

( 3 ) Notice of any such entry shall be sent to the registered owner of the estate who appears to be affected by the bankruptcy notice, but the lack of such notice shall not prevent or invalidate the application.

94. Registration of trustee in bankruptcy etc.

(1) An application for the registration under section 54(5) of —

(a) the trustee of a bankrupt appointed under section 7 of the Bankruptcy Code 1892, or

(b) the trustees under a deed of arrangement whose appointment has been confirmed by the court under section 82 of that Code,

shall be in Form 30.

(2) An application under paragraph (1)(a) shall be accompanied by —

(a) a certified copy of the order of adjudication relating to the bankrupt; and

(b) a certificate signed by the trustee in bankruptcy that the land is comprised in the bankrupt's estate, has vested in the trustee and has not been disclaimed.

(3) Where the trustee in bankruptcy is registered as owner, the words "trustee in bankruptcy of [name]" shall be added to the register.

(4) An application under paragraph (1)(b) shall be accompanied by a certified copy of the order of the court confirming the appointment.

18 VI p.312

43


(5) A trustee in bankruptcy of a deceased registered owner may be registered as owner on production of such evidence as the Registrar may require.

95. Mistake in order of adjudication or register

(1) Where—

(a) a mistake has occurred in an order of adjudication in bankruptcy, or

(b) any amendment is required to any entry on the register as a result of a mistake in any fact relevant to such entry,

it shall be the duty of the trustee in bankruptcy, as soon as it comes to his knowledge, to notify such mistake or to suggest such amendment to the Registrar.

(2) The Registrar shall thereupon, after making such enquiries and giving such notices (if any) as he thinks necessary, make such amendment in the register as may be necessary.

96. Trustee in bankruptcy vacating office

When a trustee in bankruptcy who has been registered as owner vacates his office as trustee by release, resignation, death, removal from office or any other cause, the trustee appointed in his place may be registered as owner on production of a certified copy of his appointment.

97. Liquidation of a company

When a company is in liquidation, any order, appointment or resolution appointing a liquidator shall be noted on the register on his application and on production of either a certified copy of the order or a certified copy of the appointment or resolution together with such other evidence as the Registrar may require. •

PART 10

DOCUMENTS

98. Forms to be used

(1) Any application or document to create or alter a registered title or any disposition affecting a registered title shall be in a form prescribed by, and described in, the schedule to these rules or in such modified form as the Registrar may permit.

(2) Where no form is prescribed by these rules or no modification is thought practical, the Registrar may approve or permit the use of a form —

(a) for general use, or

(b) to deal with the specific circumstances as the Registrar shall determine. • 44


(3) An application for approval under paragraph (2)(b) shall be submitted in writing together with the draft in duplicate of the form or document for which approval is required, and if it includes a map or plan, the map or plan shall also be submitted in duplicate.

(4) Unless otherwise provided by these Rules or directed by the Registrar, every application under these Rules shall be accompanied by Form 100.

(5) This rule is without prejudice to section 42 (deviation in forms) of the Interpretation Act 1976 1s .

99. Forms and procedures

(1) The Registrar may create or modify and promulgate forms and documents, practice leaflets, advisory and explanatory materials and such other documents, in such format, as he may consider necessary or desirable in connection with the administration and operation of the Registry.

(2) The Registrar shall maintain in the Registry copies of prescribed forms and forms and other documents prepared under paragraph (1), with an index of those currently in force. Such copies and index shall be kept available for public inspection during the hours when the Registry is open to the public.

(3) Before bringing into effect a new or modified procedure, other than one which relates to the internal procedure or administration of the Registry, the Registrar shall —

(a) give notice of it in one or more newspapers published and circulating in the Island, and

(b) notify the Isle of Man Law Society.

(4) A new or modified procedure to which sub-paragraph (3) applies shall not become operative until the expiration of not less than 3 months after the date on which notice under paragraph (3)(a) is first published, except in a case where the Registrar certifies that it is essential that it comes into operation at an earlier date.

100. Improper documents

If it appears to the Registrar that any form or document presented in connection with any registration or dealing —

(a) is defective in form or substance;

(b) is ambiguous or not clearly expressed; or

(c) does not otherwise express or indicate with sufficient precision or clarity the particular land or any provision which it is intended to affect,

the Registrar may refuse registration absolutely or permit registration only after such modification as he approves.

19 1976 c.20

45


101. Execution

(1) The execution by an individual (in whatever capacity) of an instrument which effects a dealing relating to registered land shall be attested by at least one witness, who shall subscribe his name, address and description to the instrument.

(2) Subject to any requirement of the Act or these rules, any document presented to the Registry shall be deemed to have been validly signed or executed if it is so signed or executed in compliance with the laws of the Island.

(3) The Registrar shall be entitled to assume that any such document has been so signed or executed, but may in any case require the execution of any document to be verified by a statutory declaration or by a certificate made by an advocate.

(4) In this rule "document" does not include an affidavit or statutory declaration.

102. Execution by disabled persons

)

Execution of a document relating to registered land by a blind or illiterate person shall be verified either —

(a)

by a statutory declaration by an attesting witness proving such execution and containing averments to the effect that —

(i) the document was read over and explained to him, and

(ii) he appeared to understand it; or

(b) by a certificate by an advocate to the same effect.

(2) Execution of a document relating to registered land by a person who is unable to append his signature because of a disability —

(a) may be effected by his mark, and

(b) shall be verified either —

(i) by affidavit of an attesting witness giving the reason why the document is so executed, or

(ii) by a certificate by an advocate to the same effect.

103. Execution by attorney

( 1 ) Where a document executed by an attorney is presented to the Registry there shall also be presented to the Registrar either —

(a) the instrument creating the power of attorney; or

(b) a copy of that instrument complying with section 2(1) of the Powers of Attorney Act 1983 20 ;

20 1983 c.5

46


and, if the power has been registered pursuant to section 6 of the Powers of Attorney Act 198721 , a certified copy of any order under section 8 of that Act.

(2) If any transaction between the donee of a power of attorney and the person dealing with him is not completed within 12 months of the day on which the power came into operation, there shall be produced to the Registrar evidence complying with sub-paragraph (a) or (b) that the power had not been revoked at the time of the transaction —

(a) where the power is in a form prescribed under section 2 of the Powers of Attorney Act 1987, a statutory declaration by the person dealing with the donee of the power that at the time of completion of the transaction —

(i) he did not know of any revocation of the power, whether by the donor or by an order of a court; or

(ii) he did not know of the occurrence of any event (such as the death of the donor, the bankruptcy of the donor or of any donee, or a direction by a court under Part 7 of the Mental Health Act 1998 22) which had the effect of revoking the power; or

(iii) he did not know that the power was not a valid enduring power of attorney and had been revoked by the donor's mental incapacity;

(b) in any other case, a statutory declaration by the person dealing with the donee that —

(i) at the time of the completion of the transaction, either he did not know of any revocation of the power, or he did not know of the occurrence of any event (such as the death, bankruptcy or other incapacity of the donor) which has the effect of revoking the power; or

(ii) where the power was expressed in the instrument creating it to be irrevocable and to be given by way of security, he did not know that the power was not in fact given by way of security, and did not know that the power had been revoked by the donor acting with the consent of the donee.

(3 ) As an alternative to the evidence required by paragraphs (1) and (2), the Registrar may accept a certificate by an advocate identifying the donor of the power of attorney and certifying that —

(a) the document lodged for registration has been executed validly by the donee of the power of attorney on behalf of the donor pursuant to a power in that behalf contained in the power of attorney; and

(b) such power has not been revoked or there is a conclusive presumption under section 4 of the Powers of Attorney Act 1983 or section 9 of the

21 1987 c.5 22 1998 c.3

47


Powers of Attorney Act 1987, as the case may be, as to the validity of the transaction.

104. Retention of documents by Registry

(1) Except where otherwise provided by the Act or these Rules, all deeds and other documents presented or produced to the Registry relating to registrations or dealings under the Act or any entry on the register, shall be retained by or on behalf of the Registrar and shall not be released except under a written order of the Registrar, an order of the High Court or the Land Commissioner.

(2) Paragraph (1) does not apply to —

(a) a power of attorney or office copy thereof;

(b) a grant of probate or letters of administration or office copy thereof;

(c) a lease or counterpart thereof;

(d) a charge;

(e) a debenture;

(f) a certified copy of an entry in a register of births, deaths or marriages.

105. Documents may be returned

(1) Where any document presented to the Registry in connection with an application for first registration or a dealing which is not registered in the deeds registry relates to both land which is the subject of the application and land which is not, the Registrar shall release the original to the person who lodged it or such other person as he may authorise either —

(a) upon presentation at the Registry of a certified copy of it, or

(b) if the Registrar thinks fit, after creating an electronic copy of it.

Before releasing the original, the Registrar shall endorse it by such means and in such manner as he thinks appropriate to record the fact and purpose of its presentation.

(2) A certified copy presented under paragraph (1)(a) or an electronic copy created under paragraph (1)(b) shall be filed for reference in substitution for the document so returned, and on future dealings with the registered land may be accepted as sufficient evidence of the original and the contents thereof.

(3 ) All documents not required by the Act or rules to be retained in the Registry may be filed and recorded in the deeds registry unless the Registrar otherwise determines.

(4) Where documents are neither retained in the Registry nor filed in the deeds registry they shall be —

(a) returned to the person who presented them or his personal representative, or

(b) if such person refuses to accept them, delivered to such other person as appears to the Registrar to be entitled to the custody thereof.

48


• Where any such person declines to accept them, the Registrar may, subject to the Public Records Act 1999 23 , direct that they be destroyed.

106. Documents to be certified

Where a copy document, other than one registered in the deeds registry, is required to be certified by an advocate, it shall be —

(a) certified by him as a true copy, and

(b) marked with his name and address.

PART 10

SEARCHES, OFFICE COPIES ETC.

107. Personal search

(1) During the hours that the Registry is open to the public any person may search, without fee, the register, the index of names or the registry map to ascertain whether or not —

(a) the title to any particular land is registered, or

(b) an application for registration is pending.

(2) Every search shall be made under the supervision of an officer of the Registry.

(3 ) The Registrar may suspend such facilities —

(a) during any period when the computer on which the register, index or map is maintained is not functioning; or

(b) if there is a malfunction which affects or might affect the integrity of the system or the accuracy of the information stored in it.

108. Office copies

(1) For the purposes of section 72 of the Act and these Rules, an "office copy" means a computerised record relating to the current edition of a registered title reproduced in printed form by the Registry, including a filed plan.

(2) An office copy of a registered title may include documents referred to in the title which are or have been in the possession or under the control of the Registry.

(3) Any person may apply for an office copy, with or without —

(a) all or some of the documents referred to in it, or

(b) a copy of the filed plan.

• 23 1999 c.8

49


(4) Unless it specifies otherwise, the application shall be treated as for an office copy of the current edition of a registered title.

109. Evidential value of office copy

(1) An office copy of a registered title —

(a) shall be authenticated by a watermark or other mark which is not easily reproduced by photocopying; and

(b) shall bear the date and time on which it is printed and its edition number.

(c) shall be admissible as evidence to the same extent as the original would be admissible.

(2) An office copy of a registered title shall, subject to any order to the contrary made by the High Court or the Land Commissioner, be accepted as evidence in any legal proceedings before the Land Commissioner or any court as an authentic and accurate record of the register at the date shown on that office copy.

(3) A copy of the entries on a registered title purporting to be issued and authenticated in compliance with this rule shall, until the contrary is proved, be deemed to be such a copy.

(4) Section 5 of the Civil Evidence Act 1973 24 does not apply to an office copy of a registered title.

(5) An office copy of a document created under rule 108shall be sufficient evidence for the purposes of any proceedings, actual or contemplated, before a court or other tribunal unless the Registrar is ordered to produce the original.

110. Inspection

(1) During the hours that the Registry is open to the public, any person may inspect —

(a) any registered title (including the filed plan),

(b) the registry map;

(c) any caution against first registration;

(d) the index of pending applications;

(e) the register of applications giving rise to compulsory first registration maintained under rule 8;

(f) the index of names.

(2) During the hours that the Registry is open to the public, any person may obtain a printed copy of —

(a) any extract from the registry map;

24 1973 c.18

50

• Land Registry Rules 2000

(b) a caution against first registration; or

(c) an entry in any of the indexes and register referred to in paragraph (1)(d), (e) and (f).

(3) Any printed copy issued under paragraph (2) shall show the time and date at which it was printed.

111. Official search in register

(1) Any person may apply to the Registrar to make an official search in respect of any title and to certify as to what subsisting entries (if any) have been made on the title —

(a) since first registration, or

(b) during such period subsequent to first registration as is specified.

(2) An application for a search under paragraph (1) shall be in Form 34.

(3) A certificate of the result of the search shall be, at the option of the Registrar. either —

(a) in Form 39A; or

(b) in the form of an office copy of the title containing all subsisting entries on the title at the date of the search.

112. Index map search

( 11 Any person may apply to the Registrar —

( a) to make an official search of the index map as respects any land specified by reference to an extract from a survey map furnished with the application,

(b) to ascertain whether the land or any part of it is comprised in a registered title or the subject of —

(i)

a pending application for first registration,

(ii) a caution against first registration, or

(iii) an entry in the register maintained under rule 8

(c) to certify the result of the search.

(2) An application for a search under paragraph (1) shall be in Form 34, and the certificate of the result of the search shall be in Form 39B.

113. Priority search in register

(1) A person who has entered into a contract to purchase, take a lease of, or lend money on the security of a charge on, registered land may apply to the Registrar —

(a) to make an official search in the registered title relating to that land,

51


(b) to ascertain whether or not any entry affecting such land has been made on that title since such date as is specified,

(c) to certify the result of the search, and

(d) to make an entry on that title pursuant to section 73(3) of the Act.

(2) A search under this rule shall be referred to as a "priority search".

(3) An application for a priority search shall be made in Form 35.

(4) A certificate of the result of the search shall be, at the option of the Registrar, either —

(a) in Form 40, giving the result of the search as at the time when the application was presented to the Registry; or

(b) in the form of an office copy of the title containing all subsisting entries on the title at that time.

114. Effect of priority search

(1) The entry on the register under section 73(3) of the Act shall consist of a note on the relevant title to the effect that a certificate of the result of a priority search has been issued in response to an application with details of —

(a) the date when the application was presented to the Registry,

(b) the name of the applicant, and

(c) where the search relates to part of the land comprised in the title, a note by reference to the register map identifying the land to which it relates, or an extract from the survey map on which the boundaries of the land to which it relates are clearly indicated.

(2) In relation to any application for a priority search, the period referred to in section 73(4) of the Act is, subject to paragraph (3), the period —

(a) beginning immediately after the time when the application for the priority search was presented, and

(b) ending immediately after the Registry finally ceases to be open to the public on the 28th day thereafter.

(3) Where the period mentioned in paragraph (2) expires upon a day when the Registry is not open to the public, the period shall be extended so that it expires on the next day on which the Registry is open to the public.

(4) Where 2 or more official certificates of priority search relating to the same land have been issued and are in operation pursuant to these Rules, such certificates shall, as far as relates to the priority thereby conferred, take effect, unless the applicants otherwise agree, in the order in which the applications for the priority search were presented to the Registry.

(5) Where 2 or more applications for priority searches relating to the same land are received in the Registry at the same time, the official certificates of priority search shall, as far as relates to the priority thereby conferred, take effect in such order

52


as may be agreed by the applicants or, failing agreement, as may be determined under rule 120.

(6) Where one transaction is dependent upon another, the Registrar for the purpose of this rule shall be entitled to assume (unless or until the contrary appears) that the applicants for the priority searches have agreed that their respective applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting such transactions.

(7) Where a certificate of the result of a priority search has been issued and the instrument to complete the purchase, lease, or charge specified in the application is presented at the Registry within the priority period, that instrument shall be accompanied by the certificate which shall be retained in the Registry.

(8) In this rule "the applicant" means the person who has entered into a contract to purchase, or take a lease of, or lend money on the security of a charge on, the land to which the certificate of priority search relates.

115. Official search in register of transactions

(1) Any person may apply to the Registrar —

(a) to make an official search in the register of transactions maintained under rule 8, and

(b) to certify as to what subsisting entries (if any) have been entered in that register since a specified date (which shall not be earlier than 3 months before the date of the application) with respect to any conveyance, assignment or lease —

(i) to which a person named in the application is a party, and

(ii) which comprises land in a parish specified in the application.

(2) An application for a search under this rule shall be made in Form 34.

(3) A certificate of the result of an official search under this rule may be in Form 39B, giving the result of the search as at the time it was made.

116. Searches and applications for office copies by electronic means

(1) Any person with whom arrangements have been made in accordance with an order under section 76(1) of the Act for payment of prescribed fees on credit may by electronic means —

(a) apply for the issue of an office copy under rule 108; or

(b) make or apply for any search under rule 111, 113 or 115.

(2) The result of a search made or applied for in accordance with paragraph (1) shall be given in writing in the appropriate form, but may at the request of the applicant be given by electronic means also.

(3) In this rule "electronic means" means (subject to paragraph (4)) —

(a) facsimile transmission, and

53


(b) if arrangements are made by the Registrar for communication by telephone, e-mail or other means of electronic communication, that means.

(4) No application for a priority search under rule 113 may be made by telephone.

PART 11

PROCEEDINGS IN THE LAND REGISTRY

117. Decisions of the Registrar

(1) When an application for registration, or for cancellation or variation of any entry in the register, is rejected the Registrar shall give to the applicant, and may give written notice of such rejection to any other person whom he considers it necessary or desirable to notify.

(2) A notice under paragraph (1) shall include a statement of the reason why the application was rejected.

118. Notice of proposed step

(1) Where these Rules require notice to be given to any person before the Registrar takes any step, he shall give to that person a notice specifying —

(a) the land, and the title number of the registered title (if any), to which the notice relates; and

(b) the step proposed to be taken;

and stating that representations with respect to the proposal may be made in writing to the Registrar within such period as may be specified in the notice, not being less than 21 days from the date on which it is served.

(2) The Registrar —

(a) shall have regard to any representation made pursuant to a notice under paragraph (1);

(b) may, if he thinks fit, convene a hearing under rule 120; and

(c) shall notify any person who has made representations pursuant to the notice what action (if any) he proposes to take in the matter.

119. Objections to registration

(1) Before the completion of any registration, any person may object to the registration by notice —

(a) signed by himself or his advocate and presented to the Registry;

(b) stating concisely the grounds of objection, and

(c) specifying the name of the person objecting and his address for service.

54


(2) The Registrar shall send to the applicant for registration a copy of any notice given under paragraph (1).

(3) Unless the Registrar considers the objection to be vexatious, frivolous or otherwise without substance, he shall either —

(a) convene a hearing under rule 120, or

(b) refer the objection to the Land Commissioner under section 6(2) of the Act;

and shall notify the applicant and the objector of the steps (if any) which he proposes to take under this paragraph.

(4) Except where the Registrar refers the objection to the Land Commissioner, he shall —

(a) consider any such objection and make such order as he thinks just, and

(b) give notice of his order to the applicant for registration and the objector.

120. Hearings

(1) Where any question, difficulty, or dispute arises during an investigation of title. or in any registration or other proceeding in the Registry, the Registrar may give notice to all persons interested to attend before him, at a time and place specified in the notice, for consideration of the matter.

(2) After hearing any representations made by any person so attending, the Registrar shall make such order in the matter as he considers just.

(3) Paragraph (2) is without prejudice to section 6(2) of the Act (reference to Land Commissioner).

121. Questions requiring specialist knowledge

Where, in the course of any proceedings in the Registry, a question arises, the determination of which, in the opinion of the Registrar, involves specialist legal knowledge, the Registrar may obtain and act on the advice or assistance of any competent person whom he may select.

122. Service of an order made on appeal

Where an order made by the Land Commissioner or High Court is served on the Registrar, he shall take such steps as may be required to comply with the terms of such order.

123. Notices issued by the Registry

(1) Except as is otherwise provided in the Act or these rules, every notice required to be given under the Act or these rules to any person may be sent by

55


ordinary post or by facsimile transmission, unless the Registrar directs an alternative method of service.

(2) Every notice or direction issued by or sent from the Registry which requires some action to be taken shall state —

(a) the time within which the action must be taken;

(b) the consequences which will result from failure to take such action;

(c) the method and the time in which any answer, objection or other communication arising out of the notice is to be made and the address at or to which it is to be delivered or sent.

(3) Every notice sent by the Registry by post shall, unless returned by the Isle of Man Post Office, be deemed to have been received by the person to whom it is addressed, on the third day after the day of posting or on such later date (if any) as is stated in the notice.

(4) On the return by the Isle of Man Post Office of a letter containing a notice, the Registrar may —

(a) require some further notice to be given;

(b) authorise such substituted service as he thinks sufficient in the circumstances of the particular case; or

(c) if, in the circumstances, he thinks it proper to do so, proceed without further notice.

124. Summons

(1) Any summons (not being an application to the High Court) required to be given or served for any purpose shall be —

(a) prepared on the official forms and under the stamp or seal of the Registry; and

(b) subject to any contrary direction by the Registrar, the Land Commissioner or the High Court, served personally on the recipient.

(2) Proof of such service shall be by affidavit, which shall also prove that the reasonable travelling and subsistence expenses of the attendance of the person summoned have been paid or tendered to him.

(3) Where personal service cannot be made, or is shown to be impracticable, the Registrar or the Land Commissioner may authorise such substituted service as he thinks sufficient in the circumstances of the particular case.

125. Evidence in proceedings

Without prejudice to the powers of the Registrar under section 3 of the Act, unless the Act or these Rules prescribe otherwise, evidence in any proceeding before the Registrar or the Land Commissioner may be given by affidavit or by statutory declaration.

56


0 126. Affidavits and statutory declarations

(1) An affidavit or statutory declaration made for the purpose of any proceeding in the Registry or before the Land Commissioner may be sworn or taken before —

(a) the Registrar;

(b) the Land Commissioner;

(c) any person authorised by law to administer oaths; or

(d) in the case of a statutory declaration, any person authorised by law to take and receive statutory declarations.

(2) Unless a form is prescribed under these Rules, every such affidavit or statutory declaration shall comply with the rules of the High Court in relation to form, jurat, interlineations, alterations and erasures.

0 127. Additional powers of Registrar and Land Commissioner

In any proceedings before either of them the Registrar or the Land Commissioner may —

(a) extend any period of time specified in or under these Rules even though the period has already expired (excluding the periods of time specified in rules 11, 114 and 123(3));

(b) adjourn any proceedings at any time;

(c) where he is of the opinion that the production or supply of further documents or evidence or the giving of any notice is necessary or desirable, refuse to complete or proceed with a registration, make an entry or do any other act as the case may be until such documents, evidence or notice have been produced, supplied or given;

(d) where any irregularity in procedure has occurred, take such action as he considers desirable or expedient to rectify the irregularity;

(e) disregard any failure to comply with a provision of the Rules relating to procedure.

128. Abatement

Where in the case of any application for registration, a death, transmission or change of interest occurs before registration is completed, the application shall not abate, but may be continued by any person entitled to apply for registration who wishes to adopt them.

129. Delay

(1) Where any application pending in the Registry may not proceed unless certain steps are taken by the applicant, the Registrar, except where a specific time limit is prescribed by the Act or these Rules, may give notice to the applicant that,

57


unless those steps (which must be specified in the notice) are taken within the time limit stated in the notice, the application may be rejected.

(2) If the applicant fails to comply with a notice under paragraph (1), the Registrar may reject the application.

PART 12

PROCEEDINGS BEFORE LAND COMMISSIONER

130. Appeal to Land Commissioner

(1) An appeal under section 6(1) of the Act shall be commenced by lodging with the Registrar notice in duplicate in Form 42 which must —

(a) identify the land which is the subject of the appeal;

(b) have attached a copy of the order or decision of the Registrar against which the appeal is brought; and

(c) state the grounds of the appeal.

(2) On receipt of a notice under paragraph (1) the Registrar shall forthwith send one copy to the Land Commissioner and request him to give directions in the matter.

(3) Subject to any such directions, the Registrar shall be the respondent to the appeal.

(4) Unless the Land Commissioner otherwise directs, the Registrar may enter an appearance by an advocate.

131. Reference to Land Commissioner

(1) An order of the Registrar under section 6(2) of the Act shall —

(a) identify the land affected by the order;

(b) state the question or questions of law or fact upon which the reference is made;

(c) specify the directions (if any) which the Registrar seeks;

(d) request a date for a hearing.

(2) The Registrar shall submit the order in duplicate and the Land Commissioner shall return one copy with his directions (if any) to the Registrar who shall serve a copy on —

(a) the applicant,

(b) the registered owner of the land affected by the order, and

(c) such other person as the Land Commissioner may direct.

58


• 132. Notice of appeal to be registered

(1) Where a notice of appeal has been received by the Registry, the Registrar shall enter notice of such appeal on each registered title referred to in the application.

(2) No appeal from a decision or order of the Registrar or the Land Commissioner shall (unless otherwise ordered) affect any dealing for valuable consideration which has been presented to the Registry before notice of the appeal has been received by the Registry.

133. Procedure

(1) Before making a determination relating to an appeal or reference under section 6 of the Act, the Land Commissioner shall consider whether —

(a) any person or class of persons, (including unborn persons) in addition to the respondents should be joined in the proceedings;

(b) an appointment should be made under section 6(3) of the Act of a person to represent any such person or class of persons;

(c) any person or class of persons, in addition to the respondents, should be given notice of the proceedings.

(2) Subject to paragraph (1) the Land Commissioner shall give such directions as appear to him to be necessary or desirable for securing the just, expeditious and economical disposal of the matter, and in particular directions as to

(a) discovery and inspection of documents;

(b) the service of written statements relating to oral evidence which any party to the proceedings intends to adduce;

(c) subject to sub-paragraph (d), the time and place at which the Land Commissioner is to hear representations by or on behalf of the parties and any oral evidence adduced by any of them;

(d) the determination of the matter, if all the parties agree, on the basis of written representations and without a hearing.

134. Decision on appeal or reference

(1) On the determination of an appeal or reference under section 6 of the Act, the Land Commissioner shall send his order to the Registrar, who shall serve a copy on every party to the proceedings and any person to whom notice of the proceedings was given.

(2) The Registrar shall enter in the register any registration or other entry which is required pursuant to such an order.

59

•

•

•


PART 13

COSTS

135. Award and taxation of costs of hearings

(1) Subject to any provision as to costs contained in the Act and these rules, the award of costs in respect of any proceedings on a hearing before the Land Commissioner or the Registrar shall be in his discretion, and he may direct by and to whom costs are to be paid.

(2) The Land Commissioner or the Registrar, as the case may be, may, with the consent of all the parties concerned, assess such costs.

(3) The amount of any costs awarded by the Land Commissioner or the Registrar under paragraph (1) shall be taxed unless the parties agree the amount thereof or the costs are assessed under paragraph (2).

(4) The rules of court relating to the taxation of costs in the High Court shall apply in any case where costs are to be taxed under paragraph (3).

136. Enforcement of costs

Recovery of costs may be enforced in the same manner as if the award were a money judgement of the High Court.

PART 14

CLAIMS FOR COMPENSATION

137. Notice of claims

Notice of any claim for compensation under Schedule 10 to the Act shall be served on the following persons (in addition to the Treasury) —

(a) the Registrar;

(b) any person (other than an official in the Registry) who, it is claimed, has caused or substantially contributed to the loss in question;

(c) any person who, it is claimed, has, directly or indirectly, derived title or any other advantage from such a person but excluding any person who derived such title or advantage for valuable consideration; and

(d) any person who, it is claimed, has, directly or indirectly, derived title or any other advantage by reason of the error or omission giving rise to the loss;

(e) the registered owner of the registered land in question(where he is not the claimant);

(f) the registered owner of any charge on the registered land in question;

(g) any other person on whom notice is to be served as directed by the High Court.

60


PART 15

SOUVENIR LAND

138. Souvenir land

(1) If the Registrar is satisfied that an area of land consists wholly or mainly of land —

(a) which has been or is proposed to be disposed of (by way of sale or otherwise) in souvenir plots, or

(b) of which part has been, and the remainder is proposed to be, so disposed,

he may declare that area to be subject to a souvenir land scheme.

(2) The declaration shall be in Form 41 to which shall be attached an extract from the survey map on which the location and boundaries of the land to which it relates are clearly indicated.

(3) The location and boundaries of the land to which the declaration relates shall be marked on the registry map.

(4) Where a declaration under paragraph (1) relates to registered land, the Registrar shall enter notice of such declaration in each registered title affected by it and —

(a) every transaction relating to all or any part of the land shall take effect in all respects as if the title to the land were not registered; and

(b) the Registrar may refuse to accept an application or any caution relating to it, but without prejudice to any submission made for the purpose of paragraph (7) or (8).

(5)

Section 23(1) of the Act shall not apply to souvenir land.

(6) The Registrar may refuse to accept an application for the first registration of title in respect of souvenir land or any caution against first registration of such title.

(7 ) Where the Registrar is satisfied, in accordance with paragraph (1) that a declaration under that paragraph does not extend to the whole of the land subject to the souvenir land scheme, he may vary the declaration to include the land so omitted.

(8) In any case where —

(a) it is established to the satisfaction of the Registrar that a souvenir land scheme has been wholly or partially abandoned; and

(b) in the case of registered land he has been supplied with evidence of title to such parts of the land as have been disposed of by the registered owner,

the Registrar may cancel the declaration made pursuant to paragraph (1) as to the whole or any part of the souvenir land to which it relates.

61


(9) The Registrar shall take such action as he considers necessary to show the effect of a variation or cancellation under paragraph (7) or (8) on the registry map and any registered title affected by it.

62


Rule 2(1).

SCHEDULE

PRESCRIBED FORMS

Form Subject matter

1 Application for first registration

2 Transfer of whole

3 Transfer of part (creating new title)

4 Transfer of part (to existing title)

5 Notice of first registration of land

6 Application for entry in register of transactions

7 Caution against first registration

8 Application to withdraw caution

9 Consent by cautioner to registration

10 Change of service address

1 1 Charge of registered land

12 Notice of entry of caution against dealing

1 3 Transfer of registered charge

14 Alteration of terms of registered charge

15 Discharge of registered charge (whole of land)

16 Discharge of registered charge (part of land)

17 Assent (whole of land)

18 Assent relating to charge

19 Assent (part of land)

20 Application to record change affecting title

21 Application to record entry affecting title

22 Application to reclassify title

23 Application to make boundary conclusive

24 Application to determine boundaries or extent of registered land

25 Application to Land Commissioner for rectification of register

24 Application to Registrar for rectification of register

25 Application to be registered as owner on cessation of minority

28 Determination of limited ownership

29 Notice of presentation of bankruptcy petition

30 Application to register trustee in bankruptcy

31 Caution against dealings

32 Application to discharge caution against dealings

33A Application for office copy

33B Application in inspect title or pending application

34 Application for search

63


Form Subject matter

35 Application for priority search

36 Grant of rentcharge

37 Affidavit in support of caution

38 Application to merge registered leasehold title

39A Certificate of result of official search

39B Certificate of result of search of index map or register of transactions

40 Certificate of result of priority search

41 Declaration of souvenir land scheme

42 Notice of appeal to Land Commissioner

100 Submission of application (to accompany all applications)

64

Title No: Application No:

Isle of Man Land Registry Application for First Registration by an Advocate on behalf of Applicant(s)

Rule 16

Form 1

FOR REGISTRY USE ONLY

isle of Man Government

Reys Um Vara=

Note: Please complete in typescript or block capitals using black ink. Further information upon the completion of this form can be found in the guidelines

1. Location of the Land Please enter in the spaces provided the Parish and Local Government District in which the land is located

1.1 Parish: 1.2 Local Government District:

2. Tenure Act Section 10

2.1 Tenure Please place X in the appropriate box. Freehold Leasehold ❑ Cil

2.2 Particulars of lease under which the leasehold estate is created Only complete this section when the application is to register a leasehold title.

Rule '17(4)

Term of lease (no of years) years from (date)

Please note: Details of the original lease must be set out in the epitome of tile in Appendix A to this form

2.3 Leasehold Only complete this section when the application is to register a leasehold title

Rules 18(1)

Is the title out of which the lease is created:- (a) Registered as a Title ❑ Title Number

Please place X in the appropriate box and where (b) Recorded as a Deed ❑ Deed Number appropriate provide the Title or Deed number.

(c) Not recorded or known ❑

0 Please note: The first registration of a lease of registered land will also register the lease as a burden on the superior title.

3. Description(s) of the Land for entry on the Title Register

3.1 Number of parcels of land shown on the survey map Please enter in the box provided the number of individual parcels of land to be registered in this application. Please refer to guidelines for father information regarding the definition of a parcel of land.

=

3.2 Address Please enter the full postal address. If none state NO POSTAL ADDRESS If there is more than one parcel of land give the address relating to the parcel numbered I on the survey map.

1 Town or Parish: Postcode:

1

Form 1 continued

3.3 Parcel of Land Description If more than one, number and describe each parcel and define the extent on the survey map which must be submitted with this application. Further information 0 regarding the delineation of parcels of land can be found in the guidelines.

The land shown on the attached survey map situated in:-

Please Note: If there is more than I (one) parcel of land, each additional parcel of land must be described separately in Appendix B

3.4 Property Category Please place X in the box which best describes the land. Please note that completion of this section is optional and for statistical purposes only.

Detached House ❑ Detached Bungalow ❑ Commercial Premises ❑

Semi-detached ❑ Semi-detached ❑ Land ❑

House Bungalow

Terraced House ■ Flat ❑ Other ❑ (Please specify)

4. Consideration and Date of Acquisition Please enter the consideration in pounds sterling and the date of acquisition.

In consideration of £

The applicant(s) acquired the title on:-

Please note: Appendix A must commence with a description of the instrument giving rise to this application.

5. Class of Title Act Section 1

Please place X in the appropriate box

Absolute El Good El Possessory CI Qualified Leasehold

5.1 Evidence in support of Class of Title Only complete this section if a possessory or qualified title is applied for, please give a summary below Include references to any supporting documents, which must be set out in Appendix A

2

Form 1 continued

6. Details of Applicant(s)

6.1 Number of Applicant(s) Please enter the number of applicant(s) in the box provided.

If there are more than two applicants, their details must be set out in Appendix C to this form.

6.2 Applicant(s) Name Please provide the full name of each applicant, including title. In the case of a company provide the company's full name, where applicable its company registration number and the country in which the company is incorporated.

Title

Forenames

Surname or Company Name

Company Registration

Number

I Country of Incorporation

APPLICANT 1 APPLICANT 2

6.3 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed. Please follow the format provided leaving any line that is not applicable blank

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

k6.4 Index of Names Number Rule 9

If the applicant is. or has been registered as an owner of a title, then please provide the applicant's Index of Names number, which can be found on an Office Copy of the relevant title or obtained from the Land Registry.

Index of Names Number

6.5 Co-owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the transferees are either "joint tenants" or "tenants in common" by placing X in the appropriate box. If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant ❑ Joint Tenant 0

Tenant in Common ❑ Fractional Share


6.6 Class of Ownership Act Section 12 Please state whether the applicant is a full or limited owner.

/ Full ❑ Limited

❑

II

Full El Limited l=1

3

Form 1 continued

7. Details of Settlement If ownership is limited under the Settled Land Act 1891 complete this .

Details of Settlement: Please reference the instrument containing the settlement

Parties: Please enter the names of all parties to the settlement

Current Trustees: Please provide the full name and service address for not more than four

IP

7.1 Other particulars relating to ownership Use this section to set out any particulars relating to the capacity in which all the applicants are to be registered.

For example, if the applicant is a personal representative, state this and the name of the deceased person.

8. Inhibitions Please indicate if there are any inhibitions to be registered to inhibit the powers of disposition of the applicant(s).

Act Section 62, Rule 69

Please place X in the appropriate box.

Are there any Inhibitions to be registered? Yes ❑ Please ensure that any Inhibitions to be registered are set out in Appendix D to this form

No ❑

AIL

9. Restrictions Please indicate if there are any statutory restrictions affecting the powers of disposition of the applicant(s).

`11.C.



Are there any Restrictions to be registered? Yes ❑ Please ensure that any Restrictions to be registered are set out in Appendix E to this form.

No ❑

10. Appurtenances Please indicate if there are any rights or interest over other land which are appurtenant to the land



Are there any Appurtenances to be registered? Please ensure that any Appurtenances to be registered are set out in Appendix F to this form.

Yes ❑ No ❑

11. Burdens Act Sections 35 to 44, Schedules 5 & 6, Rules 41 & 42 Please indicate if there are any burdens to be registered


Are there any Burdens to be registered? Please ensure that any Burdens to be registered are set out in Appendix G to this form or Appendix H for a charge burden.

Yes ❑ No ❑ •

4

15. Signature of person lodging application (if not the applicant) To avoid unnecessary delays please ensure that all fornu have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature Date

12. Certificate of title

1 hereby certify as follows:-

(a) I (have/have not)* acted for the applicant(s) in the transaction which is the subject of this application. *Delete as applicable

(b) I have made or caused to have been made all necessary searches and enquiries.

(C) I am not aware of any claim to possession of the land adverse to the interest of the applicant(s).

(d) I have made full title investigation and declare that the title is good and I am not aware of any defect which would give rise to a claim for compensation under Schedule 10 of the Land Registration Act 1982 other than disclosed in this application.

(e) The applicant(s) is/are not subject to any legal disability which would prevent or restrict their ability to hold or deal with the legal estate of the property to which this application relates.

(f) The extent of the land, as far as I am able to ascertain, is as shown on the maps submitted with this application.

(g) The epitome of title, set out in Appendix A of this application, gives particulars of all the instruments, acts and events relevant to the title of the applicant(s) to the land.

(h) I believe that the applicant(s) is/are and have since the date of acquisition mentioned in this application, been in sole and undisputed possession of the land or in sole and undisputed receipt of the rent or profits thereof.

(i) I am satisfied that the land is not subject to any burden requiring entry in the title register except for the matters (if any) specified in this application. (j) Where the applicant is a corporate body or unincorporated association it is legally constituted and it is legally entitled to hold and deal with land.

Appendix A: Epitome of Title

Appendix F: Appurtenances:

Appendix E: Restrictions

Survey Maps Additional Plans

Appendix D: Inhibitions

Appendix I: Continuation Sheet

Appendix B: Appendix C: Additional Parcels Additional Applicants

of Land

Appendix G: Appendix H: Burdens - Charge Burdens

Signature(s) Date

1 3. Appendices, Maps Please indicate in the boxes provided the number of pages attached for each Appendix to this form and survey maps and any additional plans.

14. Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct . Ices .

I/WE authorise the agent nominated by this application to lodge this application and to receive and respond to all communication affecting, this application until the registration is completed.

Form 1 continued

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas, Isle of Man DU 3AR

5

Isle of Man Land Registry Appendix A Appendix A: Epitome of Title

Rule 17 (1) (b) • FOR REGISTRY USE ONLY Application number

Commencing with the deed inducing first registration and then in reversed chronological order, please itemise and provide the details requested below of each deed or document relevant to prove title. Where an original document is lodged in the Deeds Registry please give the number under which it is recorded in the Registry. If an original document is not lodged in the Deeds Registry then the original or in exceptional cases a certified copy of the document must accompany this application and details of the document should also appear on Form 100.

Item No.

Date of Deed/Document

Nature of Deed/Document

Parties Deed or Probate Number

(where applicable)

I

I

1 •

and numbered 4 The land shown on the attached survey map extract situated in:-

FOR REGISTRY USE ONLY Application number

Parcel of Land Description

The land shown and numbered 2 on the attached survey map extract situated in:-

Parcel of Land Description

The land shown and numbered 3 on the attached survey map extract situated in:-

Parcel of Land Description .

Isle of Man Land Registry Appendix B

Appendix B: Additional Parcels of Land

•

Isle of Man Land Registry Appendix C

Appendix C: Additional Applicants


Note: Ignore any question which is not relevant (in may cases only Cl and C2 will be relevant).

C.1 Applicant(s) Name Please provide the full name of each applicant, including title.

In the case of a company provide the Company's full name, where applicable its Company Registration number and the country in which the Company is incorporated.


Title

Forenames



Number Country of

incorporation

C.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed.

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode III

C3 Index of Names Number Rule 9 If the applicant is, or has been registered as an owner of a title, then please provide the applicant's Index of Names number, which can be found on an Office Copy of

the relevant title or obtainedftom the Land Registry.


C.4 Co-Owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the applicants are either "joint tenants" or "tenants in common" by placing a X in the appropriate box.

If the applicants are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.


Joint Tenant • Tenant in Common s

Fractional Share

Joint Tenant ❑ Tenant in Common ❑

Fractional Share el

Appendix C continued

C.5 Class of Ownership Please state whether the applicant is a full or limited owner.

Act Section 12

Full

Limited Full Limited o

C.6 Details of Settlement Only complete t his section if ,,,Q Es2mjnitchin r th ta d Land A t 1891.


Parties: Please enter the names

iff all parties to the settlement

Current Trustees: Please provide the full' name and service

address for each trustee. The number of trustees cannot exceed four

C.7 Other Particulars relating to Ownership Use this section to set out any particular, relating to the capacity in which all the applicants are to be registered.


0

S 2

Isle of Man Land Registry Appendix D: Inhibitions With consent of the applicant(s)

Rule 69(2)

Appendix D • FOR REGISTRY USE ONLY Application number

D.1 Consent of applicant(s) to entry of an inhibition Please enter the names of each applicant applying for registration

I/We

of

upon registration as owners of the land comprised in this application consent to the entry of an Inhibition which will inhibit my/our powers of disposition in the following terms:-

I

D.2 Terms of inhibition Please state precisely the terms of the inhibition sought to be entered.

Notice of any dealing with the land should be given

D.3 Person to whom notice of dealing is to given Please enter the name and service address of the person to whom notice of any dealing should be given

IP

Name

of

D.4 Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature(s)

Date


Appendix E Isle of Man Land Registry Appendix E: Restrictions

With consent of the applicant(s) Rule 74

Note only use this appendix in support of an application for first registration

E. Terms of Restriction

E.1 Is consent required under section 64(a) Land Registration Act 1982? Yes 0 If Yes complete El. I

No 0 If No complete E2

E1.1 If Yes enter the name and address of the body or person whose consent is required and the authority or reason why it is required.

115 E.2 Is compliance required with some enactment under section 64(b) Land Registration Act 1982?

Yes jJ If Yes complete E21

No 0

E2.1 If Yes give details of the requirement and the authority or reason why compliance is required.

E.3 Enter the name and address of any body or person who must be notified when an application to register a disposition is made.

Title Forenames

W Surname or Company name

Address

Name/Firm Name of building Number Street District Town Country Postcode

Isle of Man Land Registry Appendix F: Appurtenances

Act section 46, Rule 40

Appendix F

FOR REGISTRY USE ONLY • Application number

Please itemise and set out the details of each right or interest over other land which is appurtenant to the land. State the date upon which the appurtenance was created and, if the appurtenance was created by an instrument recorded in the Deeds Registry, the deed number of that instrument. lithe instrument creating the right or interest is not lodged in the Deeds Registry then that instrument must accompany this application. The land affected by the appurtenance must be identified upon the ordnance map by appropriate colouring. Please refer to guidelines for further information

Item Description Creation Date Deed Number

I

•

Isle of Man Land Registry Appendix G: Burdens

Appendix G


Please itemise each schedule 6 burden to be registered, indicating the category of burden as defined by schedule 6 of the Act. State the date upon which the burden was created and, if created by an instrument recorded in the Deeds Registry, the Deed number of that instrument. If the instrument creating the burden is not lodged in the Deeds Registry then that instrument must accompany this application. If the burden does not affect all the land, state this and identify the part on the Survey map extract by use of colouring. Although schedule 5 burdens do not require registration to affect the land. Rule 41 permits a notice of the existence of any burdens, specified in part 1 of the schedule of the Act. to be registered. This appendix can be used to enter a notice of the existence of a schedule 5 burden.

Item Burden category

Description Creation Date

Deed Number

1

Isle of Man Land Registry Appendix H Appendix H: Charge Burden

FOR REGISTRY USE ONLY '— Application number

Note: The original instrument creating the charge must accompany this application. When this application does not form part of an application for registration of a title or a dealing, it must be accompanied by Form 100.

HI Title Number (Not applicable for First Registration)

H.2 Registered owner(s)

H.3 Date of charge

H.4 Borrowers 411 Title

Forenames


BORROWER 1 BORROWER 2

Title

Forenames


BORROWER 3 BORROWER 4

H.5 Lender's Full Name

Title

Forenames


LENDER 1 LENDER 2 •

H 5.1 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of building

Number/Street

District

Town

Country

Postcode

Land Registry Userid

•

1

H.6 Land

The charge affects: All of the land in the title?

Part of the land in the title? If part, complete H7

Appendix H continued •

H.7 Charge affecting part

Enter the parcel number(s) of those to be charged Extract the relevant parcel number(s) from either form I on first registration or the title register

01.8 Conditions Give details of any specific provision to be given public notice by an entry on the title register.

• 2


For use with application and disposition forms.

• Isle of Man Land Registry Appendix I Appendix I: Continuation sheet

1. Continued from form:

Title Number

2. Before each continuation, state panel to be continued e.g "panel 6 continued".

•

•

Continuation sheet of insert sheet number and total number of continuation sheets e.g "sheet 1 of 3"

Isle of Man Land Registry Transfer of Whole

Rule 28

Form 2

Bile of Man Government


Application number

Rerrs E11.71 Von',

Note: This form must be accompanied by Form 100. Please complete in typescript or block capitals using black ink


1.1 Parish:

1.2 Local Government District:

2. Affected title(s) Give details relating to each title to be transferred. If more than three titles are affected, continue on Appendix I and attach as part of this deed

2.1 Title Number

2.2 Title Number

2.3 Title Number

Registered Owner(s) If any registered owner has changed their name since the

date of registration state this and provide appropriate proof


3. Transferor(s)

Is the transfer being made by all the registered owners? Place X in the appropriate box

Yes

No

If the transfer is NOT math.' by all the registered owners state the full name of each transferor. If any transferor is NOT a registered owner give the full name and

address and state the capacity in which the transferor transfers the land and provide appropriate proofs.

4. Transfer

Date of transfer:

Consideration / Value

The transferor(s) transfer ALL the land in the above title(s) (as shown on the attached filed plan(s))* to the transferee(s) named below with full / limited*guarantee of title.

(* delete as appropriate)

Form 2 continued

5. Trustee(s) S Complete this section only when the transfer is made by a limited owner as the trustees must acknowledge receipt of the consideration

The above consideration now paid to :-

the trustees for the purposes of the Settled Land Act 1891. Note: The trustees must join in the execution.

6. Details of Transferee(s)

6.1 Number of Transferee(s) Please enter the number of transferee(s) in the box provided If there are more than two transferees, their details must be set out in Appendix C to this form.

6.2 Transferee(s) Name Please provide the full name of each transferee, including title. In the case of a company provide the company's full name, where applicable its company registration number and the country in which the company is incorporated.


Forenames

Title


Number

Country of Incorporation

TRANSFEREE 1 TRANSFEREE 2

6.3 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed.

Flat or unit no /

Care of

Name of building

Number

Street

District

Town or Parish

Country

Postcode


•

2

Form 2 continued

6.4 Index of Names Number Rule 9 If the transferee is, or has been registered as an owner of a title, then please provide the transferee's Index of Names number, which can be found on an Office Copy of

the relevant title or obtained from the Land Registry.

Index of Names Number:-

6.5 Co-owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the transferees are either "joint tenants" or "tenants in common" by placing X in the appropriate box. I.( the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant ❑

Tenant in Common 0 Fractional Share

Joint Tenant

Tenant in Common Fractional Share

6.6 Class of Ownership Act Section 12 Please state whether the applicant is a full or limited owner.

Full El Limited El Full El Limited 0 6.7 Details of Settlement On y complete this section when the applicant is a limited owner. Please provide details of parties to, and current trustees of the settlement



Current Trustees: Please provide the full name and service address for each trustee.

7. Other Particulars Relating to Ownership Use this section to set out any particulars relating to the capacity in which the applicant is to be registered.


3

No ❑

Are there any Appurtenances to be registered? Please ensure that any Appurtenances to be registered are set out in Appendix F yes ❑

to this form

Act Section 62, Rule AO 8. Inhibitions Please indicate if there are any inhibitions to be registered to inhibit the powers of disposition of the applicant(s).

No ❑

Yes ❑ Are there any Inhibitions to be registered? Please ensure that any Inhibitions to be registered are set out in Appendix D to this form



No ❑ Yes ❑ Are there any Restrictions to be registered? Please ensure that any Restrictions to be registered are set out in Appendix E to this form

10. Appurtenances Act Section 46, Rule 40 Please indicate if there are any new rights or interest over other land which are to be entered as appurtenant to the land hereby transferred

Form 2 continued

11. Burdens Act Sections 35 to 44, Schedules 5 & 6, Rules 41&42 Please indicate if there are any new burdens to be registered

Are there any Burdens to be registered? Please ensure that any Burdens to be registered are set out in Appendix G to this Yes ❑

form No ❑

12. Appendices, Maps Please indicate in the boxes provided the number of - - pages attached for each Appendix to this form and survey maps and any additional plans.

1 ,̀ 111) mc

Appendix B: Additional parcels

of land

Appendix C: Additional applicants

Appendix D: Appendix E:

Inhibitions Restrictions )

Appendix F: Appendix G: r )1 Appendix H:

Appendix I: Survey Appurtenances: — Burdens Charge burdens

Continuation Maps/ Plans

Executed as a deed Enter the appropriateformatfor each signatory •

• 4

Isle of Man Land Registry Transfer of Part - Creating New Title

Rule 28

Form 3

ilsie of 'Nan Government

ReVrys EA= Vcann


Application number



1.1 Parish:


2. Transferor(s) title Give details of the title out of which the land is transferred. If any registered owner has changed their name since the date of registration state this and provide appropriate proof

2.1 Title number 2.2 Registered owner(s) Please enter the name(s) of the current registered owner(s)

3. Transferor(s)

Is the transfer being made by all the registered owners? Place X in the appropriate box Yes

No

If the transfer is NOT made by all the registered owners state the full name of each transferor. If any transferor is NOT a registered owner give the full name and address and state the capacity in which the transferor transfers the land and provide appropriate proofs.

4. Transfer

Date of transfer: Consideration / Value

The transferor(s) transfer PART of the land in the above title as shown on the attached survey map(s) to the transferee(s) named below. with full / limited*guarantee of title. (* delete as appropriate)

5. Trustee(s) Complete this section only when the transfer is made by a limited owner as the trustees must acknowledge receipt of the consideration


the trustees for the purposes of the Settled Land Act 1891. Note: The trustees must join in the execution.

Form 3 continued

6. Description of that part of the land transferred for entry on the title register IP

6.1 Number of parcels of land shown on the survey map. Please enter in the box provided the number of individual parcels of land to be registered in this application. Please refer to guidelines for father information regarding the definition of a parcel of land. ED 6.2 Address Please enter the full postal address. If none. state no postal address

If there is more than one parcel of land give the address relating to the parcel numbered 1 on the survey map.

Flat/Unit Number

Name of Building

Number

Street

District

Town or Parish Postcode

6.3 Parcel of Land Description If more than one, number and describe each parcel and define the extent on the survey map which must be submitted. Further information regarding the delineation of parcels of land can be found in the guidelines. 411



6.4 Property Category Please place X in the box which best describes the land. Please note that completion of this section is optional and for statistical purposes only.

I

Detached House ■ Detached Bungalow ❑ Commercial Premises •

Semi-detached ❑ Semi-detached • Land ❑ House Bungalow

Terraced House ■ Flat • Other ❑ (Please specify)

7. Details of Transferee(s

7.1 Number of Transferee(s) Please enter the number of transferee(s) in the box provided

If there are more than two transferees, their details must be set out in Appendix C and attached as part of this deed.

7.2 Transferee(s) Name Please provide the full name of each transferee, including title.

In the case of a company provide the company's full name, where applicable its company registration number and the country in which the company is incorporated.


Forenames

Title

Company No.

Country of incorporation


•Registration

Form 3 continued


Flat or unit no / Care of

Name of building

Number

Street

District

Town or Parish

Country

Postcode


7.4 Index of Names Number Rule 9 If the transferee is, or has been registered as an owner of a title, then please provide the transferee's Index of Names number, which can be found on an Office Copy of the relevant title or obtained from the Land Registry.

Index of Names Number:-

7.5 Co-owners Act Section 50, Rule 83 In the case of two or more transferees, please indicate whether the transferees are either Joint tenants" or "tenants in common" by placing X in the appropriate box If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant


Joint Tenant


7.6 Class of Ownership Act Section 12 Please state whether the transferee is a full or limited owner.

Full 0 Limited Full El Limited El 7.7 Details of Settlement

Only complete this section when the transferee is a limited owner. Please provide details of parties to, and current trustees of the settlement

Details of Settlement: Please reference the instrument containing the settlement Parties: Please enter the names of all parties to the settlement

Current Trustees: Please provide the full name and service address for each trustee.

No ❑

Yes ❑

Are there any Appurtenances to be registered? Please ensure that any Appurtenance ,- t, be registered are set out in Appendix F to this form

8. Inhibitions Please indicate if there are any inhibitions to be registered to inhibit the powers of disposition of the applicant(s).


No ❑

Yes ❑

Are there any Inhibitions to be registered? Please ensure that any Inhibitions to be registered are set out in Appendix D to this form



Are there any Restrictions to be registered? Please ensure that any Restrictions to be registered are set out in Appendix E to this form

No Yes ❑

10. Appurtenances Act Section 46, Rule 40 Please indicate if there are ant. nel, rights or interest over other land which are to be entered as appurtenant to the land hereby transferred

Form 3 continued

7.8 Other Particulars relating to Ownership Use this section to set out any particulars relating to the capacity in which the transferee is to be registered. •

For example, if the transferee is a personal representative, state this and the name of the deceased person.

11. Burdens Please indicate if there are any run, burdens to be registered

Act Sections 35 to 44, Schedules 5 & 6, Rules 4l&42

Are there any Burdens to be registered? Please ensure that any Burdens to he registered are set out in Appendix G to this Yes

❑

form No ❑

12. Appendices, Maps Please indicate in the boxes provided the number of- pages attached for each Appendix to this form and Survey maps and any additional plans.

Appi2tIciix A:

1.pitomc ol'

Appendix F:

.1 Appendix B:

Additional parcels Appendix C:

Additional Appendix D:

Inhibitions Appendix E: Restrictions

of land

Appendix G:

applicants

Appendix H: Appendix I: Survey Appurtenances:

1

J Burdens Charge burden Continuation Maps/Plans L---) sheet(s)

Executed as a deed Enter the appropriate format for each signatory

Isle of Man Land Registry Transfer of Part to an existing title

Rule 28

Form 4

11..sie of Man Government

RrEls E.'411


Application number



1.1 Parish:


2. Transferor(s) title Give details of the title out of which the land is transferred


3. Transferee(s) Title (Give details of the title to which the land transferred is to be added.)


If any registered owner has changed their name since the date of registration state this and provide appropriate proof

4. Transferor(s)

Is the transfer being made by all the registered owners?

Yes

No Place X in the appropriate box

If the transfer is NOT made by all the registered owners state the full name of each transferor. If any transferor is NOT a registered owner give the full name and address and state the capacity in which the transferor transfers the land and provide appropriate proofs

5. Transfer

Date of transfer:

Consideration / Value

The transferor(s) transfer PART of the land in the above title(s) as shown on the attached survey map(s) to the transferee(s) named below with full / limited*guarantee of title and the transferees apply to have the land hereby transferred to form part of their existing title referred to in section (. delete as appropriate)

Form 4 continued • 6. Trustee(s)

Complete this section only when the transfer is made by a limited owner as the trustees must acknowledge receipt of the consideration


the trustees for the purposes of the Settled Land Act 1891. Note: The trustees must join in the execution

7. Description of the land transferred for entry on the title register

7.1 Number of parcels of land shown on the survey map Please enter in the box provided the number of individual parcels of land to be registered in this application. Please refer to guidelines for father information regarding the definition of a parcel of land. [D A 7.2 Parcel of Land Description If more than one, number and describe each parcel and define the extent on the survey map which must be submitted. Further information regarding the delineation of parcels of land can be found in the guidelines.

IIII



8. Details of Transferee(s)

/Please enter the number of transferee(s) in the box provided 8.1 Number of Transferee(s\ If there are more than two transferees, their details must be set out in Appendix C to this form

\

8.2 Transferee(s) Name lease provide the full name of each transferee, including title. In the case of a company provide the company's _full name, where applicable its company registration number and the country in which the company is incorporated.


Forenames

Title


Number

Country of Incorporation


•

2

rpCildIN Appendix B: Additional parcels

of land

Appendix C: r Appendix D: Appendix E:

Additional l Inhibitions Restrictions applicants

O Survey Maps/Plans

Appendix I: Continuation

sheet(s)

Appendix H: Charge Burden

Appendix F: Appendix G: Appurtenances: Burdens

12. Burdens Please indicate if there are any new burdens to be registered

Act Sections 35 to 44, Schedules 5 & 6, Rules 4 l &42

No 0 Are there any Burdens to be registered? Please ensure that any Burdens to be registered are set out in Appendix G to this Yes ❑

form

No ❑

Are there any Appurtenances to be registered? Please ensure that any Appurtenances to be registered are set out in Appendix F Yes ❑

to this form

Act Section 62, Rule 69 9. Inhibitions Please indicate if there are any inhibitions to be registered to inhibit the powers of disposition of the applicant(s).

No ❑ Yes ❑ Are there any Inhibitions to be registered? Please ensure that any Inhibitions to be registered are set out in Appendix D to this form



No ❑

Yes ❑ Are there any Restrictions to be registered? Please ensure that any Restrictions to be registered are set out in Appendix E to this form

11. Appurtenances Act Section 46, Rule 40 Please indicate if there are any new rights or interest over other land which are to be entered as appurtenant to the land hereby transferred

13. Appendices, Maps Please indicate in the boxes provided the number of- pages attached for each Appendix to this form and Survey maps and any additional plans.

Form 4 continued

•xecuted as a deed Enter the appropriate format for each signatory

3

Land Registry Oik-Recortyssee-Thalloon

Chief Registrar Mrs A. Lloyd-Humphreys LL.B

Land Registry Registries Division The Registries, Deemsters Walk Bucks Road, Douglas Isle of Man, IM I 3AR Telephone (01624) 685249 Fax (01624) 685296 Email [email protected] .im

• To Form 5(N)

NOTICE OF FIRST REGISTRATION OF LAND

Land Registration Rules 2000 - Rule 20(1) (to be recorded in the Deeds Registry under LRA 1982 S.67(3))

TITLE NUMBER

PARISH

LOCAL GOVERNMENT DISTRICT

Take notice that on (d ate) the title to the [freehold] [leasehold] land described in the Schedule \date,

below was first registered under the Land Registration Act 1982 under the above title number with [absolute] [qualified] [good leasehold] [possessory] title, the registered owner being:

GRANTOR(S)

GRANTEE(S)

The land became vested in the registered owner by virtue of (date and description of and parties instrument to)

[SCHEDULE]

(description of land. as set out in parcels of conveyance to registered owner, or as appropriate)

Date:

(on behalf of) Chief Registrar

LIDelete whichever does not apply

lisle of Man Government

Rerys ruVr.

Isle of Man Land Registry Application for Entry in the Register of Transactions

Rule 8(2)

Form 6


Note: This form must be accompanied by Form 100. Please note that only one transaction per application is possible.


1.1 Parish: 1.2 Local Government District:

2. Address Please enter the full postal address for the land. If none, state no postal address. If there is more than one parcel of land give the address relating to the parcel numbered one on the survey map

Name/Firm

Name of building

Number

Street

District

Town or Parish

Country Postcode

3. A survey map to show the extent of the land is attached.

4. Parcel of Land Description If more than one number and describe each parcel and define the extent on the survey map which must be submitted with this application.

The land shown edged red/green/numbered 1 on the attached survey map situated in:-

Please Note: If there is more than 1 (one) parcel of land, each additional parcel of land must be described separately in Appendix B

5. Applicants Name Please provide the full name of each applicant, including title. Note the applicant must be a party to the transaction - Rule 8 If more than two please use Appendix C, In the case of a company provide the company's full name.

Title

Forenames

Surname or Company

Name


Form 6 continued

5.1 Service Address Rule lW This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

6. Transaction Details - Note: only enter a transaction which is compulsorily registerable under Rule 8

Date Nature of Transaction Parties Consideration REGISTRY USE ONLY

The instrument effecting the transaction is produced and application is hereby made for the details to be entered in the register of transactions, maintained under Rule 8(1), to create a priority in which an application for the first registration of this transaction may be presented. It is understood that the priority will expire and the transaction removed on the creation of a registered title or after 3 months from presentation of this application (which occurs first). Note the time limit cannot be csterded and it is recommended that an application for first registration is always made as soon as possible after completion of the transaction.

7. Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed.oetete if application is made by the applicants)

Signature(s)

Date •

8. Signature of person lodging application (if not the applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature

Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man [MI 3AR •

2

lisle of man Government

1,cnntn

Isle of Man Land Registry Request for Caution against First Registration

Rule 23(1)

Form 7


Note: This form must be accompanied by Form 100. A single request must not include more than one parcel.


1.1 Parish:


2. Address Please enter the full postal address for the land shown on the survey map which must accompany this application. If none state no postal address.

Town or Parish Postcode:

3. Parcel of Land Description Describe the parcel and define the extent on the survey map which must be submitted with this application.

The land shown edged orange on the attached survey map situated in:-

4. Name of Cautioner Enter the full name of the Cautioner, including title.. In the case of a company provide the company's full name, where applicable its Company Registration number.

Title

Forenames

Surname or Company

Name •

5. The supporting Affidavit is sworn by:- the Cautioner

another person ❑ If so enter the full name of the person making the ip supporting Affidavit in section 4.1

5.1 Name:

Address:

6. Signature of person lodging application (if not the Cautioner) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature

Date

7. Signature of Cautioner To avoid unnecessary delal s please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees

I authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants).

Signature Date

•

Form 7 continued

4.1 Service Address Rule 15 W This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed.

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man Mil 3AR •

2

FOR REGISTRY USE ONLY Date Time Received

FEE EXEMPT

tisk of wan Government

an Vxmn

Isle of Man Land Registry Application to Withdraw A Caution

Rule 24(1) Rule 66(1)

Form 8

Note: Use a separate form for each caution to be withdrawn

1. Title Number Note: Not applicable if land is not registered

1.1 Caution Number

2. Cautioner's Name Enter the full name of the Cautioner including title. In the case of a company provide the company's full name, where applicable its Company Registration number

Title

Forenames

'Surname or Company Name

2.1 Address or description of land from which caution is to be withdrawn

Town or Parish: Postcode:

3. The Cautioner applies to withdraw the Caution 3.1 From the whole of the land

3.2 From part of the land Note: If the caution applies to part of the land a survey map extract must be enclosed showing the extent of the land parcel to remain under Caution

4. Signature of Cautioner To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished.

Signature(s)

Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man IMI 3AR

41

FOR REGISTRY USE ONLY Application Number

FEE EXEMPT

Isle of Man Government

Rely, flbn Vannm

Isle of Man Land Registry Consent by Cautioner to a Registration

Rule 25(1)

Form 9

Note: This form must be accompanied by Form 100. Please use a separate form for each caution consented to.

1. Title Number

1.2 Caution Number

2. Cautioner's Name Enter the full name of the Cautioner including title. In the case of a company provide the company's full name, where applicable its company registration number

Title

Forenames


41P

3. The Cautioner's consent to registration is given to the whole of the land affected by application number:

4. Signature of Cautioner To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

I authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants).

Signature Date

5. Signature of person lodging application. To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature

Date

To: The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR

• 1

Isle of Man Land Registry Change of Service Address

Rule 15(3)

Form 10

FOR REGISTRY USE ONLY Date

Time Received

FEE EXEMPT Note: If up to two persons nominate the same address for service a single form can be used. Where the same address affects more than one registration give the title number for each.

Title Number(s)

Caution Number(s)

Register of Transactions Number

Applicant's Full Name

Applicant's Full Name

I/WE GIVE NOTICE that the my/our address for service address has changed and application is hereby made to have the change entered on the title register.

Address to be removed from the title register

Address to be entered on the title register

Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are

furnished together with the correct fees.

Signature(s)

Date

To Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR •


Rel., Ts Dan V.,run

Isle of Man Land Registry Prescribed form of charge on whole or part of registered land

Rule 53

Form 11


Application Number

Note: This form must be accompanied by Form 100.

1. Mortgage Account Number (if f any)

1.1 Date

1.2 Full name of lender(s) Enter the full name to be entered on the title register

Title

Forenames


41P 1.3 Service address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name of building

Number

Street

District

Town or Parish

Country

Postcode

2. Full name of borrower(s) Enter the full name

Title

Forenames


1

Mortgage conditions:

• The lenders mortgage conditions registered in the General Registry in accordance with the Registration of Deeds Act 1961 under reference (enter deeds reference number)

• Filed at the Isle of Man Land Registry under reference (enter reference)

• The lenders mortgage conditions set out in the attached appendix or document which forms part of this mortgage

Form 11 continued

3. Title number of the property to be charged: (enter number)

3.1 ALL THAT registered property comprised in the title number:

or 3.2 ALL THAT PART of the registered property comprised in the title number:

described below and identified on the attached survey map extract. (Enter the description of the part to be charged)

S 4. The Borrower hereby charges the property subject to the mortgage conditions:

5. The Charge

5.1 If the charge secures a fixed principal sum enter the amount

5.2 Does the charge secure future advances whether with or without present advances?

5.3 Is an entry to that effect to be entered on the title register?

5.4 Does the charge create an obligation to make future advances?

5.5 Is an entry to that effect to be entered on the title register?

(enter principal sum secured)

Yes 0 No 0 Act Section 40(1)

Yes 0 No 0

Yes O No 0 Act Section 40(2)

Yes 0 No 0

6. Additional Provisions

(Enter here and if there is insufficient space use Appendix I and attach as part of this deed)


S

2



Re(Vs Ellan Van=

To


Form 12(N)


NOTICE OF ENTRY OF A CAUTION AGAINST DEALING

WITH REGISTERED LAND

Land Registration Rules 2000 - Rule 65(3)

TITLE NUMBER:

REGISTERED OWNER(S):

Take notice that a caution has been registered against the title, details of which are set out below:

NAME OF CAUTIONER(S):

CAUTION APPLICATION NUMBER:

DATE OF REGISTRATION:

The caution relates to any dealing affecting the [whole of the land] [part of the land] [the charge dated in favour of name of lender registered under application number

]. •

The caution will restrict any dealings until notice has been served on the cautioner at the address set out below and the caution discharged or otherwise disposed of.

service address for cautioner

A copy of the application for the registration of the caution may be inspected at the Land Registry during the hours it is open to the public.

Date:


['Delete whichever does not apply

Isle of Man Land Registry Transfer of registered charges

Rule 56


Form 13


Retys Vz.nrvn

Note: This form must be accompanied by Form 100

2. Title Numbers (enter the title number of each title affected by the registered charge to be transferred). If more than three titles please continue on Appendix I

Title Number Registered Owners Index of Names Number

3. Transferor(s) (Enter the full name of the owner of the registered charge). If more than two transferors please continue on Appendix C

Title Forenames Surname or Company Name

Transferor 1 Transferor 2

4. Transferee(s) (enter the name and service address of the person to whom the charges are transferred.) If more than two transferees please continue on Appendix C.

Title Forenames Surname or

hCompany Name

Transferee 1 Transferee 2

F4.1 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

6. Date of Charge(s) Registration Date Application Number

8. Co-owners Act Section 50, Ru '3 In the case of two or more applicants, please indicate whether the transferees are either 'joint tenants" or "tenants in common" by placing X in the appropriate box. If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant Joint Tenant 1:1

Tenant in Tenant in Common [] Fractional Share Common 111 Fractional Share

7. Transfer Consideration/Value (If none, state accordingly)

9 Other Provisions Set out here or i f there is insufficient space set out in Appendix I and attach to form part of this deed.

•

Form 13 Continued

5. The Transferor hereby transfers to the Transferee the registered charges listed below: •

List the details in relation to each title number and charge

Executed as a deed (Enter the appropriate format, for each signatory)

Este of pan Government

Rely, Can Vcnn/n

Isle of Man Land Registry Form 14 Alteration to the terms of a registered charge

Rule 60



Date

1. Title Number. Enter the title details on which the charge rests

2. Parties. Enter the name of each party to this deed in the appropriate section. If more space is required please continue on Appendix I and attach as part of this deed.

2.1 Registered Owner(s) of the land, who is/are subject to the registered charge

iEnter the registered owner of the land comprised in this title

2.2 Registered Owner(s) of the charge to be altered

3. Details of the charge to be altered Enter the details of the charge to be altered.

Date of Charge

/

Registration Date Application Number

4. Other Parties Enter details of all registered charge owners whom hold charges of equal or inferior priority who may be prejudicially affected by the change.

Name of Charge Owner

II

Date of Charge Date of Registration Application Number

Form 14 continued

5. Details of change(s) Set out the proposed amendments that are to be entered on the title register

• The parties hereby consent and concur to the registered charge specified in section 3 being altered in the following particulars:

Executed as a deed Enter the appropriate format is each sIgnatort .

2

Isle of Man Land Registry Discharge of the whole registered charge(s)

Rule 57

Form 15

REGISTRY USE ONLY


Application number

Rretys nun Vann,

Note: This form must be accompanied by Form 100. When the same charge affects several titles a single form may be used.

1. Title Number

Registered Owner(s)

2. Title Number

Registered Owner(s)

Please continue on Appendix I if required.

2. Property Details Enter the address

3. Charge Details Please provide details of the charge to be discharged

Date of Charge Date of Registration Application Number

3.1 Full Name of Lender. This must be the lender named in the registered charge or the person now entitled to the benefit of the registered charge.

Name

Address

Country

Postcode

The Lender acknowledges that the registered property is no longer charged as security for the payment of sums due under the registered charge.

Executed as a deed Enter appropriate format for each signatory

1

Isle of Man Land Registry Release of registered charge in part

Rule 57

Form 16

REGISTRY USE ONLY


Rrinr Vcnnon

Application number

Note: This form must be accompanied by Form 100. Please use a separate form for each title affected.

1. Title Number

Registered Owner(s)

2. Property Released from the Registered Charge(s) Enter the address or description of the part of each parcel to be released. If more than one parcel use Appendix B as part of the Deed.

2.1 The extent of each parcel to be released must be defined on the attached survey map.

3. Charge Details Please provide details of each charge

Date of Charge(s) Date of Registration Application Number

3.1 Full Name of Lender. Enter the charge owner details

Name

Address

Country

Postcode

The Lender acknowledges that the registered property described in section 2, is no longer charged as security for the payment of sums due under the registered charge(s).

Additional provisions



Isle of Man Land Registry Assent relating to all of the land in a registered title

Rule 33

Form 17


Prktys El= V.7nnin

Note: This form must be accompanied by form 100.

1. Date

1.1 Title Number

1.2 Title Number

1.3 Title Number

Registered Owner(s)

If more than three titles please continue on Appendix I and attach as part of this deed

2. Full Name of Each Deceased Charge Owner If more than two use Appendix I

Title Forenames

Surname

3. Personal Representative Details Enter the full name of each and i f a company its registration number

If more than two use Appendix I

Title Forenames

Surname

Company Name

'Registration Number

4. New Owner to be Entered on Title Register Enter the full name and service address of each person to be entered on the title register. If

more than two use Appendix C

Title Forenames

Surname

Company Name

•

5. Class of Ownership Please state whether the applicant is a fill or limited owner.

Act Section 12


Full ❑ Limited Full ❑ Limited

6. Other provisions enter details if any. If insufficient space please use Appendix I and attach as part of this deed

Form 17 Continued

4.1 Service Address of new owner(s) Rule 15 W This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed

Name/Firm

Name of building

Number/Street

District

Town

Country

Postcode

5. The Personal Representative assents to the vesting of the land comprised in this title/these titles in the new owner(s)

6. Co-owners Complete or omit as necessary Act Section 50, Rule 83 In the case of two or more beneficiaries, please indicate whether the new owner(s) are either "joint tenants" or "tenants in common" by placing X in the appropri box. If the new owners are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant ❑


Joint Tenant ❑


Execute as a deed Enter the appropriate format for each signatory

2


lisle of man Government

Isle of Man Land Registry Assent relating to a charge or charges over registered land

Rule 33

Form 18

Rd?), Vcnrin

Note: This form must be accompanied by Form 100. A single form may be used when it relates to the same charge which affects several titles.

1. Date

1.1 Title Number

1.2 Title Number

1.3 Title Number

Registered Owner(s)

2. Charge details Please provide details of each charge

Date of Charge(s) Date of Registration Application Number

2.1 Full Name of Lender( s) Enter the charge owner details

Name

Address

3. Full Name of Each Deceased Charge Owner If more than two use Appendix I and attach as part of this deed.

Title

Forenames

Surname

11) If more than three titles please continue on Appendix I and attach as part of this deed.

•

Title

Forenames

Surname

Company Name

4. Full Name of the New Charge Owner If more than two use Appendix C

5.1 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

Form 18 continued

4. Personal Representative Details Mr Enter the full name of each and if a company its registration number. If more than two use Appendix I and attach as part of this deed.

Title Forenames

Surname

Company Name

6. The Personal Representative assents to the vesting of the registered charge(s) specified in section 0 and in the new owner specified in section 5.

7. Co-owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the transferees are either "joint tenants" or "tenants in common" by placing X in the appropriate box. If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant ❑

Joint Tenant ❑

Tenant in Tenant in Common [11 Fractional Share Common ❑ Fractional Share

2

Form 18 continued

8. The Additional Provisions to be Entered in the Title Register are: Set out here, or if there is insufficient space set out in Appendix I and attach to form part of this deed

M:_ixecuted as a deed Imprnter the appropriate format for each signatory

•

• 3

Note: This form must be accompanied by Form 100.Use a separate form for each title

isle of Government

Isle of Man Land Registry Assent relating to part of the land in a registered title

Rule 33

Form 19

FOR REGISTRY-USE ONLY Application Number

1. Title Number Please enter the title number of the affected title

Registered Owner(s) Please enter the name(s) of the current registered owner(s) of the affected title(s).

4111 2. Full name of each deceased registered owner If more than two use Appendix I and attach as part of this deed.

Title

Forenames

Surname

3. Personal Representative details Enter the full name of each Personal Representative. If insufficient space use Appendix I

Title

Forenames


a

4. New owner to be entered on title register. (Enter the full name and service address of each person to be entered on the title register). If more than two use Appendix C

Title

Forenames


• 1

Form 19 Continued

4.1 Service Address of new owner(s) Rule 15 This must be an address in the island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm Name of building

Number

Street

District

Town

Country Postcode:

=

5. The Personal Representative assents to the vesting of part of the land comprised in the registered title, the extent of which is defined on the attached survey map extract: 5.1 Number of parcels of land shown on the survey map extract

Please enter in the box provided the number of individual parcels of land to be registered in this application. Please refer to guidelines forfuther information regarding the definition of a parcel of land.

5.2 Address Please enter the full postal address. If none state no postal address. If there is more than one parcel of land give the address relating to the parcel numbered one on the survey map..

Flat or Unit Number:

Name of building

Number

Street

District:

Town or Parish Postcode:

5.3 Parcel of Land Description If more than one number and describe each parcel and define the extent on the survey map which must be submitted with this application.



2

Form 19 Continued

6. Co-owners Act Section 50, Rule 8W In the case of two or more applicants, please indicate whether the transferees are either "joint tenants" or "tenants in common" by placing a X in the appropriate box. If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Joint Tenant


Joint Tenant

Tenant in Common Fractional

Share 6.1 Class of Ownership Please state whether the applicant is a_full or limited owner.

Act Section 12

Full D Limited 0 Full Limited 0

7. Appendices (Complete or omit as appropriate; a relevant appendix must be attached to form part of this transfer)

7.1 Appurtenances Act Section 46, Rule 11 Please indicate if there are any new rights or interest over other land which are to be entered as appurtenant to the land hereby transferred

Are there any Appurtenances to be registered? Please ensure that any Appurtenances to be registered are set out in Appendix F Yes

to this form No 0

8 Burdens Please indicate if there are any new burdens to be registered

Act Sections 35 to 44, Schedules 5 & 6, Rules 53 & 82

Are there any Burdens to be registered? Please ensure that any Burdens to be registered are set out in Appendix G to this yes No

form

9. Other provisions: Enter details if any if there is insufficient space set out in Appendix I and attach to form part of this deed

S

Executed as a deed (Enter the appropriate format for each signatory)

3


Isle of Man Land Registry Application to record a change affecting Registered Title

Rule 31(1), 32(1), 35, 36, 37, 46(1), 47, 51, 52, 60, 62(1), 63(1) and 70

Form 20


Ref), £:3n Vxmc,

Note: This form must be accompanied by Form 100. Where the same change is made to one or more registered titles and where the title owners are the same, a single form may be used

1. Total Number of Titles Affected

1.1 Title Number 1.2 Title Number 1.3 Title Number 1.4 Title Number 1.5 Title Number Registered Owner(s)

/Index of Names Number (1.1. any)

If more than five titles please continue the derails on Appendix I and attach as part of this deed.

2. Does the Application affect:

Whole of the land in the title?

Part of the land in the title? Note: If part, give a description sufficient to identify the extent of each land parcel affected by the application in box 2.1. Use Appendix B for second and subsequent parcels.

2. 1 Give a description and enclose a survey map extract to show the extent of each land parcel affected by this application. This is always required when the appltcatfon relates to part of the land in a title.

P3. State What is to be Changed: Enter the details of the change to be made to the registered title(s), explain which entry is to be changed.

Ref No

Ref No

Ref No

3.1 The grounds relied upon in support of this application are: Give concise summary here. If there is insufficient space please

continue on Appendix I. If set out in a supporting document, idents the document.

1

1

Form 20 continued

4. Is the Application being made by the Registered Owners?

Yes No • 4.1 Is the Application being made by the surviving or continuing Registered Owners?

Yes El No

If No to both go to question 5, If Yes go to question 6.

5. Number of Applicant(s) Please enter the number of applicant(s) in the box provided If there are more than two applicants, their details must be set out in Appendix C.

r

5.1 Applicant(s) Name Please provide the full name of each applicant, including title.

In the case of a company provide the company's full name. If more than two applicants please continue on Appendix C.

Title

Forenames



5.2 Service Address Rule This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed.

Name/Firm

Name of building

Number/Street

District

Town

Country

Postcode

6. Is this application made with the knowledge and consent of all persons whose interests are or may be affected by the change? (If No complete 6.1)

Yes No fl

6.1 The consent referred to in section 6 has not been obtained for the following reasons. Set out a summary and complete section 7 II

7. Signature of Each Applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. Delete if application is made by the applicants.

Signature(s)

Date

2

Form 20 continued

8. Signature of Person Lodging Application (if not the Applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature Date

•

•

S 3


Ref}, Elmn Van..

Isle of Man Land Registry Application to record an entry affecting Registered Title Rule 40(1), 41(1)(a), 42(1)(a), 55, 58(3), 61(1), 68, 69(1) and 73(1)

Form 21

Note: This form must be accompanied by Form 100. Where the same change is made to one or more registered titles and where the title owners are the same, a single form may be used.

1. Total Number of Titles Affected

1.1 Title Number

1.2 Title Number

1.3 Title Number

Registered Owner(s)

Index of Names Number (i f any)

If more than three titles please continue the details on Appendix I and attach.

2. Does the Application Affect:

Whole of the land in the Title?

Part of the land in the Title? Note: If part, give a description sufficient to identify the extent of each land parcel affected by the application in box 2.1. Use Appendix B for second and subsequent parcels.

2. 1 Give a description and enclose a survey map extract to show the extent of each land parcel affected by this application. This is always required when the application relates to part of the land in a title.

3. State What is to be Changed: Enter the details of the new entry to be made to the registered title(s)

Ref No

Ref No

Ref No

•

3.1 The grounds relied upon in support of this application are: Give concise summary here. If there is insufficient space please continue on Appendix L If set out in a supporting document, identify the document.


Yes O

4.1 Is the Application being made by the surviving or continuing Registered Owners?

Yes

If No to both go to question 5, If Yes go to question 6.

Date Signature(s)

Date Signature


I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants).


Form 21 Continued

IP 5. Number of Applicant(s) Please enter the number of applicant(s) in the box provided. If there are more than two applicants, their details must be set out in Appendix C.

Eli 5.1 Applicant(s) Name Please provide the full name of each applicant, including title.

In the case of a company provide the company's All name. If more than two applicants please continue on Appendix C

Title Forenames



5.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of Building

Number/Street

/District

Town

Country

Postcode

6. Is this application made with the knowledge and consent of all persons whose interests are or may be affected by the change? (If No complete 6.1)

Yes No ❑

6.1 The consent referred to in section 6 has not been obtained for the following reasons. Set out a summary and complete section 7

To: Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas, Isle of Man, IMI 3AR

2

FOR REGISTRY USE ONLY Application Number isie of Man

Government Rrety, Elan Vann:n

Isle of Man Land Registry Application to Reclassify a Registered Title

Rule 38(1) and 38(2)


1. Title Number

Registered Owner(s)

Class of Title

Tenure

2. Is This Application Being Made by the Registered Owner? If No, please complete 2.1

Yes No

2.1 Applicant(s) Name Please provide the full name of each applicant, including title. In the case of a company provide the company's full name. If more than two applicants please contin on Appendix C

Title

Forenames



2.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode ill 3. Is this Application to Reclassify the Title Pursuant to paragraph 1 of Schedule 3 to the Land Registration Act 1982?

Yes Go to question 4

No Go to question 5

4. This Application is to Reclassify the Title as:-

Absolute Freehold LI

Good Leasehold LI

Absolute Freehold Good Leasehold

5. This application is to reclassify the title pursuant to paragraph 2 of Schedule 3 to the Land Registration Act 1982 as:

Signature(s) Date

Date Signature

7. Signature of Person Lodging Application (if not the applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps arefirrnished together with the correct fees.

•



Form 22 Continued

F4.1 The grounds on which the application is made: Not less than 21 years has elapsed since the applicant was registered as owner of the land in this title and is in possession at the date of application ❑

Not less than 21 years has elapsed since the registration date of this title and the registered owner was in possession of the estate immediately prior to the transfer to the applicant who is in possession at the date of this application

❑

To: The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man Mil 3AR

2

Date Signature(s)

Signature Date


2. Is the application made by all adjoining owners whose land is affected by the proposed conclusive boundaries? Note under section 59(2) Land Registration Act 1982 the application cannot

be made without such agreement

Yes

No

3. Has a survey map extract been enclosed showing the extent of the land boundary affected by this application? Note a separate application must be submitted for each conclusive land boundary applied for.

Yes

No

4. Signature of all registered owners To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.


•


Rei/tyl L./3n w,w,,

Isle of Man Land Registry Form 23 Application to make a land boundary conclusive

Rule 78(1)


Note: This form must be accompanied by Form 100. A separate application is required for each land boundary.

1. Total Number of Titles Affected. Enter each one and the names of the registered owners

1.1 Title Number

Registered Owner(s)

1.2 Title Number

Registered Owner(s)

To The Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR

tc( IL


Req., Elbn Itnn!,

5. Transfer Details Date

Transferor(s)

Transferee(s)

6. Is the Application being made by the Transferor(s) ❑ Transferee(s) ❑

Isle of Man Land Registry Form 24

Application to determine boundaries or extent of registered land Rule 79(1)


1. Title Number

Registered Owner(s)

A separate application is required for each land parcel to be determined

2. Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of buildin g

Street/Number

District

Town

Country

Postcode

3. Has a survey map extract been enclosed showing the extent of the land boundary affected by this application. Note a separate application must be submitted for each land parcel affected.

Yes

No

5.1 Application is pursuant to Section 59(5) of the Land Registration Act 1982 to determine the following question. (set out the question to be determined)

Isle of Man Land Registry Form 24 Continued

6. Grounds Give a summary of the facts upon which the application is based with reference to any supplementary documents



Signature(s)

Date

8. Signature of Person Lodging Application (if not the applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnish together with the correct fees.

Signature

Date

To The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man INI1 3AR

2

Isle of Man Land Registry Application to the Land Commissioner for

rectification of the Title Register Rule81(1)

isie of Man Government

2. 1 A survey map extract is enclosed to show the extent of each land parcel affected by this application. This is always required when the application relates to part of the land in a title.

Whole of the land in the title? 2. Does the Application Affect

1. Total Number Of Titles Affected Enter each title number

1.1 Title Number

1.2 Title Number

1.3 Title Number

Registered Owner(s)


Part of the land in the title? Note, If part, give a description sufficient to identify the extent of each land parcel affected by the application in box 1.1. Use Appendix B for second and subsequent parcels.

Rerr. Lan V.7nrin

Note: This form must be accompanied by Form 100. Where the same change is to be made to one or more registered titles, and where the owners are the same, a single form may be used.

k3. The application is being made by: check the box required

'The Registered Owner(s) ❑

Another Applicant. If so please enter the details in box 3.1

❑


In the case of a company provide the company's full name. If more than two applicants please continue on Appendix C

Title

Forenames



Form 25 Continued

3.2 Service Address Rule le This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed

Name /Firm

Name of building

Number

Street

District

Town

Country

Postcode

4. Application is made to the Land Commissioner pursuant to section 65(1) of the Land Registration Act 1982 for rectification of the title register.

5. The Nature of the Rectification for Which Application is made is: Give concise summary and details of any supporting documents which contain facts here. If there is insufficient space please continue on Appendix I. If set out in a supporting document, identify the document.

5.1 The grounds relied upon in support of this application are: Give concise summary here. If there is insufficient space please continue on Appendix I. If set out in a supporting document, identify the document.

• 2

Form 25 Continued

0. Is this application made with the knowledge and consent of all persons 'whose interests are or may be affected by the entry?

Evidence of such consent must be lodged in support of this application. If No, please answer 6.1

Yes

No 0 6.1 The consent referred to in section 6. has not been obtained for the following reasons.


.I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants).

ignature(s)

Date


Signature

Date

To: The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR S

• 3

isle of man Government

Adrrs fiAm V. -mnin

Isle of Man Land Registry Application to Registrar for rectification of the Title Register

Rule82(1) FOR REGISTRY USE ONLY Application Number



1.1 Title Number

1.2 Title Number

1.3 Title Number

Registered Owner(s)

Index of Names Number AM

If more than three titles please continue the details on Appendix I and attach.


Whole of the land in the Title?

Part of the land in the Title? Note: If part, give a description sufficient to identify the extent of each land

parcel affected by the application in box 2.1.

Use Appendix B for second and subsequent parcels.


3. The application is being made by: check the box required

The registered owner(s) ❑

Another applicant. If so please enter the details in box 3.1

•


In the case of a company provide the company's full name. If more than two applicants continue on Appendix C.

Title

Forenames



Form 26 Continued

P3.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration in completed

Name/Firm

Name of building

Number

Street

Town

District

Country

Postcode

41114 The nature of the rectification falls within the following sub-section of section of the Act 4.1 65(2) 4.2 65(2) (a)

5. Set out the proposed rectification for entry on the title register. Give details of the error or omission to be rectified

/5.1 The grounds relied upon in support of this application are Give concise summary here. State any supporting documents which contain supporting factr. If there is insufficient space please continue on Appendix I

2

Form 26 Continued

6. Is this application made with the knowledge and consent of all persons whose interests are or may be affected by the entry? Evidence of such consent must be lodged in support of this application. If No, please answer 6.1

Yes W

No 6.1 The consent referred to in section 6 has not been obtained for the following reasons.

7. Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished

together with the correct fees.

I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. Delete if application is made by the applicants.

•

Signature(s)

Date

8. Signature of person lodging application (if not the applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished


Signature

Date

To: The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IMI 3AR

3

ide of Man Government

Reit), Elbn Volnin

Isle of Man Land Registry Application to be registered as owner on cessation of minority

Rule 92

Form 27


Application Number



1.1 Title Number 1.2 Title Number 1.3 Title Number 1.4 Title Number 1.5 Title Number Registered Owner(s)


2. Number of Applicant(s) Please enter the number of applicant(s) in the box provided. If there are more than two applicants, their details must be set out in Appendix C


Title

Forenames

Surname

Date of Birth


2.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed

ame/Firm

Name of building

Number

Street

District

Town

Country

Postcode

1

Form 27 continued

3. Do the applicants have an interest noted on the title register as minors? RIP Yes No

3.1 Have they attained the age of legal maturity? Yes El No

3.2 The applicants apply for registration as If limited owner complete section 3.3

Full owner Limited owner 0

3.3 Limited owner Only complete this section when the applicant is a limited owner. Please provide details of parties to, and current trustees of the settlement



Current Trustees: Please provide the name and service address for each trustee.

4. Co-owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the applicants are either "joint tenants" or "tenants in common" by placing X in the appropriate

box. If the applicants are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.


Joint Tenant • Tenant in Common •

Fractional Share

Joint Tenant • Tenant in Common 0

Fractional Share

5. Signature of each applicant


I/We authorise the agent nominated by this application to receive and respond to all communications affecting this

To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are fiirnisheis

application until the registration is completed. Delete if application is made by the applicants.

Signature(s)

Date


Signature

Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man IMI 3AR • 2

Isle of Man Land Registry Determination of Limited ownership

Rule 34(1)

Form 28


lisle of Man Government

Ref), E. Vannen


1. Title Number(s)

1.1 Registered Owner(s)

2. Applicants Name Enter the full name of each applicant making this application. If more than two applicants, please continue on Appendix C.

Title

Forenames

1 Surname or Company Name


2.1 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communication from the Land Registry will be directed after registration is completed

Name/Firm

Name of Building

Number

Street

District

Town

Country

Postcode

11 3. Name of Settled Land Act Trustees. .

4. Name Each of the Owners Whose Interest is to be Determined. If more space required please continue on Appendix I

3. The settlement continues and the applicant is entitled to be registered as a limited owner

7.1 The settlement has now been determined and the land is no longer settled land. The applicant is now entitled to be registered as Full Owner •

Form 28 continued

5. The Limited ownership has been determined for the Death ❑ Other following reason Give details

6. The particulars required by Rule 34(2) accompanies this application in the form of: Delete as appropriate

6.1 A certificate given by an advocate 6.2 A statutory declaration

❑

7. Co-owners Act Section 50, Rule 83 In the case of two or more applicants, please indicate whether the transferees are either "joint tenants" or "tenants in common" by placing X in the appropriate box If the transferees are tenants in common other than in equal shares then please state the fractional share of each applicant in the space provided. Please note: If this section is not completed then under Section 50(2) of the Act the applicants will be deemed to be tenants in common in equal shares.

Applicant 1 Applicant 2 Joint Tenant 111


Joint Tenant ❑


8. This application is made either with the consent of the Trustees of the Settlement OR

I am the Trustee/Advocate and confirm that this application is made within the terms of the Trust and with the consent of the Trustees


I/We authorise the agent nominated by this application to receive and respond to all communication affecting this application until the registration is completed. Delete if application is made by the applicants

Signature(s)

Date

2

Form 28 continued


Signature Date

To:

The Isle of Man Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IMI 3AR •

•

S 3


Redly% run Varon

Isle of Man Land Registry Notice of presentation of a petition of bankruptcy

Rule 93(1)

Form 29



1. Applicants Details Application is made by the Trustee in bankruptcy El

1.1 Full name of each applicant Note: if more than two applicants use annex B

Title

Forenames



4 2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communication from the Land Registry will be directed after the registration is complete

Name/Firm

Name of Building

Number

Street

District

Town

Country

Postcode

3. A Petition of Bankruptcy was presented on Enter date.

3.1 A petition under section 82 of the Bankruptcy Code 1892 in respect of a deed of arrangement was presented on Enter date

4. In relation to the estate of Enter the name and address of debtor.

4.1 Enter full name

4.2 Address Name of building Number Street District Town or Parish Country Postcode

1

Form 29 continued

W 5. The person named in 4.1 is believed to be the person registered as an owner of : If more than two titles please continue the details on Appendix I

5.1 The land registered under the following title numbers: Enter details for each title against which the notice is to be registered

Title Number Registered Owner(s) Title Number Registered Owner(s)

5.2 The charge against the land Enter details for each title against which the notice is to be entered

Title Number Registered Owner(s) Date of Registration of the Charge

Registration application number

Title Number Registered Owner(s) Date of Registration of the Charge

Registration application number

If more than two titles please continue the details on Appendix I

6. Is a certified copy of the bankruptcy petition lodged with this notice? Yes LI No LI

7. Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are

furnished together with the correct fees.

I/We Authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed delete if application is made by the applicants)

Signature(s)

Date


Signature Date

To: The Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas, Isle of Man, IIVI1 3AR

2


/herr Venn..,

Isle of Man Land Registry Application to register a Trustee

appointed under a bankruptcy petition Rule 94(1)



1. A bankruptcy order was made hi ___, enter Court

OD the Datemumber

against Name

who is the registered owner of : land a charge El registered against the following title(s)

2. Number of Titles Affected Please enter the number of titles affected in the box provided.

If more than three titles please continue the details on Appendix I di

2.1 Title Number

2.2 Title Number

23 Title Number

Registered Owner(s)


3. Applicants Details Application is made by the Trustee in bankruptcy 0

3.1 Full name of each applicant Note: If more than two applicants use Appendix B

Title

Forenames



41

3.2 Service Address Rule 15 This must be an address in the Island or the UK to which all notices and communication from the Land Registry will be directed after the registration is complete

Name/Firm

Name of Building

Number

Street

District

Town

Country

Postcode

4. Application is hereby made for the registration of the Trustee(s) to be registered as owners) in respect of

Whole of the land in the title comprised in section 2 ❑

The registered charge complete 4.1

4.1 The charge date: Registered under application number:

ignature(s) Date

Signature Date



I/We authorise the agent nominated by this application to receive and respond to all communication affecting this application until the registration is completed. Delete if application is made by the applicants

Form 30 continued

To: The Isle of Man Land Registry, Registries Building Deemsters Walk, Bucks Road, Douglas Isle of Man IMI 3AR

2

Isle of Man Land Registry Form 31 Application For a Caution against dealings affecting re land

Rule 65


Rrt'rys Dar Vaunll

Note: Where the same cautioner registers a caution against the whole of the land in one or more registered titles, a single form may be used. This form must be accompanied by Form 100.

1. Total Number Of Titles Affected Enter each title number If more than three applicants please use Appendix I

1.1 Title Number

1.2 Title Number

13 Title Number

Registered Owner(s)


2. Application is hereby made for the registration of a caution against any dealing affecting


Part of the land in the title? Note: If the caution relates to part of the land, give the individual title number and show the extents on a survey map extract

The charge dated (complete 2.1)

• a o

o

2.1 The charge is in favour of: Registered under application number: Name:

3. Cautioners Name Enter the full name of the Cautioner making this application.

Title Forenames


II

3.1 Service Address Rule 15 Please provide a service address for the Cautioner in the Island or the UK to which any future notices can be forwarded. Please follow the format provided leaving any line that is not applicable blank

Name/Firm

Name of Building

Number/Street

District

Town

Country

Postcode


Signature Date

Signature Date

6. Signature of person lodging application (if not the applicant)To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

4. The supporting Affidavit is sworn by:- the Cautioner

another person El If so enter the full name of the person making the supporting Affidavit in section 4.1

4.1 Name:

Address:

5. Signature of Applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants)

Form 31 continued

• To: The Isle of Man Land Registry,

Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man all 3AR

2

Isle of Man Land Registry Application to discharge a Caution against

dealings affecting registered land Rule 65(4)

Form 32



Ebn

FEE EXEMPT

Note: This form must be accompanied by Form 100. A separate form must be used for each registered title.

1. Total Number Of Titles Affected Enter each title number If more than three applicants please use Appendix I

1.1 Title Number

Registered Owner(s)


2. Name of Cautioner Enter the full name of the Cautioner making this application.

Title Forenames


I

2.1 Caution details

Caution reference number Registration date(s)

3. Application to discharge a caution against any dealing affecting


Part of the land in the title? Note: If the caution relates to part of the land, give the individual title number and show the extents on a survey map extract.

The charge dated (complete 2.1)

L1

0

3.1 The charge is in favour of: 3.2 Registered under application number: Name: Number:

•

2

Form 32 Continued

4. Signature of Applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all

necessary documents and maps are furnished together with the correct fees.

I authorise the agent nominated by this application to receive and respond to all communications affecting this application until the discharge is completed.

Signature

Date

5. Signature of person lodging application (if not the applicant)To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas. Isle of Man [MI 3AR

FOR REGISTRY USE ONLY Date Time Received

1.4 A copy of the following documents referred to in the Title Register;

Date/Document Ref Description Title No. No. of Copies • 2. Property Details 2.1 Title Number Registered Owner(s) Index of Names Number


Rens En3n

Isle of Man Land Registry Application For an Office Copy

Rule 108

Note: Use a separate form for each title.

1. Application is for; Note: The content of an Office Copy is only guaranteed at the exact date and time of issue

No of copies

1.1 A copy of the current edition ❑

1.2 A copy of a previous edition, with a filed plan ❑

Edition number(s) required 1.3 A copy of the filed plan I ❑

or

3. Application lodged by Please enter the details of the person lodging the application.

Name Telephone Firm Fax Name of Building Number Street

Email I District LR User Code Town Postcode Your Reference

4. If the applicant is a credit account holder please state the number, if not ensure the correct remittance is enclosed Fee scale No. of items Fee payable/enclosed Office Use only

£ £

Form 33(a) continued

5. Signature of applicant Signature(s) Date


• 2


/Wry, Elm Varnm

Isle of Man Land Registry Application to inspect the Title or a pending application

Rule 110 FOR REGISTRY USE ONLY Date

Time Received

Note: use a separate form for each title (if relevant)

1. Service required (Check box as appropriate)

Type of search Number Office copy required

1.1 A Registered Title

1.2 A Pending Application

1.3 A Caution

1.4 Register of Transactions

1.5 Index of Names

LID

DE

D,

Title No.

Application No.

Caution No.

Application No

Name

Yes No 0


Name Telephone

Firm Fax Name of Building Number Email Street District LR User Code Town Postcode Your Reference

3. If the applicant is a credit account holder please state the number. If not ensure the correct remittance is enclosed Fee scale No. of items Fee payable/enclosed Office use only

£ £ £ £

a

4. Signature of applicant

Signature(s)

Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man 1M1 3AR

Isle of Man Land Registry Application for a search

Rule 111(2), 112(2) and 1 15(2)


Retn E un Vcsrun

Date Time Received

II ii 2.1 Title Number If land to be searched is known to be registered

Registered Owner(s)

5. Registered Property Details

6. Does the Application affect:


Part of the land in the title? Note, If part, give a description sufficient to ident( the extent of each land parcel affected by the application in box 3.1. Use Appendix B for second and subsequent parcels.

7. Unregistered Property Details 3.1 Description. Give a postal address or, if not available, a description and a survey map extract to show the extent of the land parcel on which the search is to be conducted.

1. Official Search Type Note: A separate application must be submitted per search required

1.1 Search of a Title (Rule 111) Go to 2.

1.2 Index Map Search (Rule 112) Go to 3

13 Register of Transactions (Rule 115) Go to 3

2. Application is hereby made in accordance with the rule indicated and in relation to the above property to ascertain if it is subject to any entry pursuant to the rule and for the issue of an Office Copy (if registered) to show the result.

Note: If the property is not registered the result will be issued in the form of an official notice. Note: The result of an official search is not guaranteed beyond the time and date shown on the Office Copy.

3. Applicant(s) Name. Please provide the full name of each applicant, including title.

Title

Forenames

Surname or )Company Name


Ref No if any

Form 34 continued

6.1 If the applicant is a credit account holder please state the number. If not ensure the correct remittance is enclosed Fee scale Fee payable/enclosed Office use only

£


Name Telephone



I/We authorise the nent nominated to make this application.

Signature(s)

Date


Signature Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man 11\11 3A

2

Isle of Man Land Registry Application to search and register a priority pursuant to

section 73(3) Land Registration Act 1982 Rule 113

Form 35


Nays ED= Vcamn

Note: Please use a separate form for each title.

1. Title Number

1.1 Registered Owner(s)



Part of the land in the title? Note: If part, give a description sufficient to identi6 , the extent of each land parcel affected by the application in box 2.1. Use Appendix B for second and subsequent parcels.


2.2 Number of parcels of land shown on the survey map Please enter in the box provided the number of individual parcels of land to be registered in this application. Please refer to the guidelines for further information regarding the definition of a parcel of land =

23 Address Please enter the full postal address. If none state No Postal Address. If there is more than one parcel of land give the address relating to the parce4 numbered one on the survey map

Name/Firm

Name of building

1Number

Street

District

Town or Parish

Country Postcode:

3. Applicants Name Enter the full name of each applicant making this application. If more than two applicants, please use Appendix C

APPLICANT 1

APPLICANT 2

Title

Forenames


1

Form 35 contin ued

3.1 Service Address Rule ilk This must be an address in the Island or the UK to which all notices and communications from the land registry will be directed after the registration is complete. II

Name/Firm

Name of Building

Number/Street

District

Town

Country

Postcode

4. Application Details The applicant intends to: Check the appropriate statement

5.1 Purchase the land to which the application relates 5.2 Take a lease for a term of years that will have not less than 21 years unexpired on the date when the application to register that lease is presented to the Land Registry a 5.3 Create a charge pursuant to section 38 of the Land Registration Act 1982

5. Supporting evidence - To be completed when the application is made by an advocate. Check the appropriate statement

6.1 I am actinL, for the applicant and can certify that there exists a real and genuine transaction to which the application relates. 6.2 Application is hereby made pursuant to Rule 114 to have an entry on the title register to confer priority for the registration of the transaction specified in section 3

6. Applicant in person 6.1 The following document is submitted as evidence of the intention to complete the transaction to which this application relates. ❑ Describe document, usuallt this will be the contract to the purchaser or lease or copy of the loan agreement

Date Description Parties (if any) Registry use only

4


1/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed. (delete if application is made by the applicants)

Signature(s)

Date


Signature Date

2

Form 35 continued


3


Isle of Man Land Registry Creation of a rentcharge out of registered land

Rule 50


WO), Ekm Vmxwn


1. Title Number

Registered Owner(s)

2. IAVE Enter name of each registered owner

3. IN CONSIDERATION OF £ (complete if required) the registered owner(s) hereby grant(s) to:

3.1 Grantee(s) Name. Full name and address for service of each grantee. Use Appendix C for additional applicants.

Title

Forenames



3.1 Service Address This must be an address in the Island or the UK to which all notices and communications from the Land Registry will be directed after registration is completed.

Name/Firm

Name of building

Number

Street

District

Town

Country

Postcode

A perpetual yearly rent charge of £ as joint tenants/tenants in common in equal shares/tenants in common in fractional shares (enter share and link it to the owner) differing shares to issue out of all/part of the land in the title. If part describe the land in the schedule below and define the extents on a survey map attached.

and to accrue from day to day but to be paid free from all deductions (except any that may be required by law notwithstanding any agreement to the contrary by annual/half yearly payments on date(s) in every year. The first payment to be made on date.

The parties to this deed jointly apply for the registration of the said rentcharge as a burden against the land out of which it is issued. •

Form 36 continued •

The Schedule Set out a description sufficient to identify the land with reference to a postal address (if any)

• Executed as a deed Enter the appropriate format for cad: st::natorl

•

2

Isle of Man Land Registry Affidavit in support of an application for a caution against first registration or registration of a dealing

Rule 23(2)(a), 65(1)

I (enter full name address and occupation/profession of declarant) being sworn make oath and say as follows

(use when affidavit is being sworn by a cautioner) (delete as appropriate)

have an interest which falls within section (60) (61) of the Land Registration Act 1982 full particulars of which are set out in the following numbered paragraphs (set out in concise numbered paragraphs the grounds and facts in support).

or

(when sworn by a third party)

This affidavit is sworn in support of an application for a caution by (enter full name and address of each cautioner)

The cautioner has an interest which falls within section (60) (61) of the Land Registration Act 1982 full particulars of which are set out in the following numbered paragraphs (set out in concise numbered paragraphs the grounds and facts in support).

Taken and sworn at enter place 011 enter date before me

Commissioner for Oaths

(if made outside the Isle of Man by a person authorised in that jurisdiction)

Name

Address

Qualification


Yes No CI

1. Title Number Enter the title number and registered owners of the inferior leasehold estate to be extinguished

Registered Owner(s)


Rt/Rys fa.ln

Isle of Man Land Registry Application to merge a registered leasehold

title pursuant to section 26 Land Registration Act 1982 Rule 64

Form 38


Note: This form must be accompanied by Form 100. If the superior estate is not registered this application must be submitted as part of an application to register that title.

If not please enter the applicants details in boxes 3.

2. Number of Applicant(s) Please enter the number of applicant(s) in the box provided

If there are more than two applicants, their details must be set out in Appendix C.

3.1 Applicant(s) Name Please provide the full name of each applicant, including title. In the case of a company provide the company's full name. If more than two applicants please continue on Appendix C

Title

Forenames




Name/Firm

Name of Building

Number/Street

District

Town

Country

Postcode

3. Superior Title Delete as appropriate

4.1 If the superior title is registered please enter title number. 4.2 Does an application to register the superior title accompany this application?

Yes ❑ No ❑

4.3 Is the applicant entitled to both estates in the same capacity? Yes ❑ No ❑

Note:If held in different capacities merger is not possible

4.4 Are any of the covenants and conditions in the registered Yes ❑ No ❑

leasehold title to remain in force and effective? If yes give details using Appendix I

4.5 Is the leasehold title subject to any charge or burden in favour of a Yes ❑ No ❑ third party which would be adversely affected by merger? If yes give details using Appendix I

1

Form 38 continued

5. Signature of each applicant To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished


I/We authorise the agent nominated by this application to receive and respond to all communications affecting this application until the registration is completed.

SignatUre(S) Delete if application is made by the applicants Date

6. Signature of person lodging application (if not the applicant) To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished

together with the correct fees .

Signature

Date

To: The Isle of Man Land Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas Isle of Man IMI 3AR

2

ilsIle of man Government

Reiltys Elan Vannin

To



Land Registry Oik-Recorlyssee-Thalloon

Form 39A(R)

CERTIFICATE OF RESULT OF OFFICIAL SEARCH IN REGISTER

Land Registration Rules 2000 - Rule 111(3)(a)

TITLE NUMBER(S)

PARISH

ADDRESS OR SHORT DESCRIPTION OF LAND

It is hereby certified that an official search has been made in respect of the above title with the following result:

[Since the date of first registration] [During the period between the date specified in the application to the date of this result]

[entries have been registered against the title and the current office copy is attached] [and] [the following application(s) is/are pending against the land the details of which are attached.

[There are no subsisting entries affecting this title]

This result is issued at ( enter time and date)


[]Delete whichever does not apply




llsie of Man Goveirwlente and address with recipient)

Reiltys Von Vonnin Form 39B(R)

[CERTIFICATE OF RESULT OF INDEX MAP SEARCH] [CERTIFICATE OF RESULT OF THE REGISTER OF TRANSACTIONS]

['delete for appropriate result

Land Registration Rules 2000 - Rules 112(2), 115(3)

PARISH



It is hereby certified that an official search has been made of the index map in respect of the land specified in the plan attached to your application, and that: delete all but appropriate statements

[the whole of the land is comprised in title number ]

[that part of the land edged red on the attached plan is comprised in the title number

[none of the land is comprised in a registered title

[an application for first registration is pending in respect of the (whole of the land) (part of the land hatched in blue on the attached plan) under application number

[a caution against first registration has been entered in respect of (the whole of the land) (part of the land hatched in orange on the attached plan) under caution reference number

[an entry has been made in respect of the (whole of the land) (part of the land hatched in brown on the attached plan) in the register maintained under rule 8 under reference number

[other]

Date:


('Delete whichever does not apply

Ede of Man Government

Reiltys Elton Vonnin

To




Form 40 (R)

CERTIFICATE OF RESULT OF PRIORITY SEARCH IN REGISTER

Land Registration Rules 2000 - Rule 113(4)(a)

TITLE NUMBER

PARISH



It is hereby certified that an official search has been made in respect of the above title and that during the period between the date specified in the application to the date of this result [no entry has been made on the title] or [entry has/entries have been made on the title].

By virtue of an application under reference number , a priority has been registered in the favour of

(name and address of applicant)

Details of the Priority registered are shown on the attached office copy

Date:


(]Delete whichever does not apply

Isle of Man Land Registry Declaration of Souvenir Land Scheme

Rule 138(2)

Form 41


Rent EUc l'cnrwn

LAND REGISTRATION ACTS 1982

and

LAND REGISTRATION RULES 2000

Declaration of Souvenir Land Scheme

Title Number:

Parish:

Local Government District:

Property:

In the exercise of her powers under rule 138(2) of the Land Registration Rules 2000, the Chief Registrar hereby declares that the land shown and edged with red on the plan annexed hereto, of which freehold estate is registered under the above title number, is subject to a souvenir land scheme.

Date

CHIEF REGISTRAR

1

Isle of Man Land Registry Notice of Appeal to Land Commissioner

Rule 130

Ide of Man Government

Poev, F/Inn V.171,11 ,1

To the Chief Registrar The Land Registry Registries Building Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR

*[TITLE] [APPLICATION] NUMBER(S) PARISH LOCAL GOVERNMENT DISTRICT ADDRESS OR SHORT DESCRIPTION OF LAND

Take notice that (name and address of appellant)

Form 42

appeal to the Land Commissioner against the *[order] [decision] of the Chief Registrar, a copy of which is attached hereto.

The grounds of this appeal are: (state ground of appeal. set out in numbered paragraphs if insufficient space continue on separate sheet which should be signed and attached as part of this notice)

This appeal is presented by *[the appellant in person] [an advocate for the appellant] whose address for service is: (address)

Date:

*[Advocate for] Appellant

* Delete whichever does not apply

1 Note that all the ground of appeal must be set out in this notice; except in special circumstances, grounds which are not set out in this notice may not be lodges at this stage.

2 A full postal address in the Isle of Man or United Kingdom must be given to which all notices and correspondence may be sent. If the appellant is represented by an advocate, the advocate's name and address must be given.

For Registry Use Only

Application No: Date presented

Isle of Man Land Registry Submission of an application


Petri fax, VcrIrm

Note: Please complete in typescript or block capitals using black ink. Further information upon the completion of this form can be found in the guidelines

1. Details of Applicants Please provide the full name of each Applicant.

Name 1 2

3

4

2. Application lodged by All communications relating to this application will be directed to the person lodging it until registration is completed.

Name: Telephone


3. Details of Application Please place X in the appropriate box

Is an application for first registration included? Yes D No 0

If Yes, then please enter the Parish in which the the land is located and an address (if any) for the land

Parish Address

Postcode If No,either enter the Title Number(s) and the registered owners of the title(s) affected by this submission.

Title Number Registered Owner(s1

1 2

3 4

OR, If the transaction is some other type of application affecting un registered land, give details;-

a 1

Form 100 continued

PC Nature and priority of forms included with this application Please set out in priority order each event to be registered with reference to its Land Registry form number. Note: If the application relates to multiple titles/applications enter the total number in description box.

Item Description Form number

Consideration or Market Value

£

Registration Fee

£

Registry use only

1

2

3

4

5

6

111

Total Fees £

4.1 If you hold a Land Registry account enter the number here

5. Supporting documents lodged with this application. Please list any original deeds and documents lodged in support of this application. For each supporting document please reference the Land Registry form number that it supports as set out in Section 4 above.

Item Nature of Document

Date of document Parties or Description (if any)

Document Supports Form no

Checked

1

2

3

I 4

5

6

7

8

9

6. Signature of person lodging application To avoid unnecessary delays please ensure that all forms have been correctly completed, signed and dated and that all necessary documents and maps are furnished together with the correct fees.

Signature

Date • 2


MADE 2 O h- Sep k ber 2000

Minister fob Lo Government and the Environment

EXPLANATORY NOTE

(This note is not part of the Rules.)

These Rules supplement the Land Registration Act 1982 and make further provision for the registration of title to land in accordance with that Act.

Part 1 contains introductory provisions. Part 2 provides for the register and other registers and indexes to be maintained under the Act. Part 3 contains general provisions relating to registration of title. Part 4 deals with first registration of title. Part 5 provides for the registration of dealings with registered land. Part 6 deals with the registration of cautions, inhibitions and restrictions affecting registered land.

Part 7 makes provision for maps and boundaries. Part 8 deals with rectification of titles. Part 9 makes provision for special classes of owners of land. Part 10 deals with the issue of office copies of register entries and searches in respect of registered titles. Parts 11 and 12 deal with proceedings in the Registry and before the Land Commissioner respectively, and Part 13 with costs in such proceedings. Part 14 provides for claims for compensation. Part 15 deals with souvenir land schemes.

The Schedule sets out prescribed forms for use under the Act and Rules.

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