# The Land Registration (Implied Covenants for Title) Rules 1995, Note: Explanatory note


(This note does not form part of the Rules)
These Rules give effect to the provisions of Part I of the Law of Property (Miscellaneous Provisions) Act 1994 (“the 1994 Act”) on implied covenants for title in relation to dispositions of registered land.
They allow registered dispositions to include references to the new terms which, under the 1994 Act, imply covenants for title (“with full title guarantee” and “with limited title guarantee” or, in the case of a disposition in the Welsh language, the equivalent terms in Welsh). Provision is made for such covenants to take effect as if the disposition had been expressly made subject to specified entries on the register and to the overriding interests of which the person to whom the disposition was made had notice. Except where the registered disposition incorporating such a reference is of leasehold land no reference to the implied covenants are to be entered on the register whether the implied covenants are modified or not.
The Rules provide for the case where a person may, in a registered disposition, continue to be expressed to execute, transfer or charge as beneficial owner, or a settlor, or as trustee or as mortgagee, or as personal representative of a deceased person, or under an order of the court, so as:
(a) to imply covenants for title under section 77 of the Law of Property Act 1925;
(b) to imply covenants for title under section 76 of the Law of Property Act 1925 where that section applies to the disposition by virtue of section 11(1) of the 1994 Act (contract entered into before commencement of the 1994 Act containing term providing for a disposition to which section 76 would have applied before such commencement; existence of the contract apparent on the face of the instrument effecting the disposition; and no intervening disposition made with full title guarantee).

---
Source: https://www.legislation.gov.uk/uksi/1995/377/note (the official version)
Page: https://openlegislation.uk/land-registration-implied-covenants-for-title-rules-1995/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.