Article 3 New rule 76A

“Covenants impled under Part I of the Law of Property (Miscellaneous Provisions) Act 1994^f1

76A

(1)

In this rule “the 1994 Act” means the Law of Property (Miscellaneous Provisions) Act 1994.

(2)

Subject to paragraph (3), a registered disposition may be expressed to be made either with full title guarantee or with limited title guarante and, in the case of a disposition which is effected by an instrument in the Welsh language, the appropriate Welsh expression specified in section 8(4) of the 1994 Act may be used.

(3)

In the case of a registered disposition to which section 76 of the Law of Property Act 1925 applies by virtue of section 11(1) of the 1994 Act, a person may be expressed to execute, transfer or charge as beneficial owner, settlor, trustee, mortgagee, or personal representative of a deceased person or under an order of the court, and the instrument effecting the disposition may be framed accordingly.

(4)

Except as provided in paragraph (5), no reference to any covenant implied by virtue of Part I of the 1994 Act, or by section 76 of the Law of Property Act 1925 as applied by section 11(1) of the 1994 Act, shall be made in the register.

(5)

A reference may be made in the register where a registered disposition of leasehold land limits or extends the covenant implied under section 4 of the 1994 Act.”