Article 96 Application for an order that a restriction be disapplied or modified

England and Wales

(1)

An application to the registrar for an order under section 41(2) of the Act must be made in Form RX2.

(2)

The application must—

(a)

state whether the application is to disapply or to modify the restriction and, if the latter, give details of the modification requested,

(b)

explain why the applicant has a sufficient interest in the restriction to make the application,

(c)

give details of the disposition or the kind of dispositions that will be affected by the order, and

(d)

state why the applicant considers that the registrar should make the order.

(3)

If requested to do so, the applicant must supply further evidence to satisfy the registrar that he should make the order.

(4)

The registrar may make such enquiries and serve such notices as he thinks fit in order to determine the application.

(5)

A note of the terms of any order made by the registrar under section 41(2) of the Act mustF1, if appropriate, be entered in the register.

Annotations

F1: Words in rule 96(5) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 36 (with rule 5)