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Article 28 Duty to disclose unregistered interests that override first registration

(1)

Subject to paragraph (2), a person applying for first registration must provide information to the registrar about any of the interests that fall within Schedule 1 to the Act that—

(a)

are within the actual knowledge of the applicant, and

(b)

affect the estate to which the application relates,

in Form DI.

(2)

The applicant is not required to provide information about—

(a)

an interest that under section 33 or 90(4) of the Act cannot be protected by notice,

(b)

an interest that is apparent from the deeds and documents of title accompanying the application under rule 24,

(c)

a public right,

(d)

a local land charge,

(e)

a leasehold estate in land if—

(i)

it is within paragraph 1 of Schedule 1 to the Act, and

(ii)

at the time of the application, the term granted by the lease has one year or less to run.

(3)

In this rule and in Form FR1, a “disclosable overriding interest” is an interest that the applicant must provide information about under paragraph (1).

(4)

Where the applicant provides information about a disclosable overriding interest under this rule, the registrar may enter a notice in the register in respect of that interest.