Rule 96 – The assent to registration of burdens that is to be given by persons other than the owner

 (1) Pursuant to Section 69(2) of the Act, it is hereby prescribed that the concurrence of the under-mentioned persons shall be accepted in lieu of the concurrence of the registered owner in the following cases- 

(a) concurrence in the registration of a burden on transferred property created by or arising on the transfer shall be given by the transferee or the person claiming under the transferee who applies for registration as owner under the transfer; 

(b) concurrence in the registration of a burden created by the will of a deceased owner shall be given by the devisee of the property affected by the burden or the person claiming under the devisee who applies for registration as owner or, in the case of partial intestacy, by the person on whom the interest in the property devolves or the person claiming under him/her who applies for registration as owner; 

(c) concurrence in the registration of a charge by the personal representative of an owner of land for moneys that he/she is liable to pay shall be given by the person who applies for registration as owner under an assent or transfer from the personal representative; 

(d) concurrence in the registration of the following burdens shall be given by the Authority; (i) a burden created under a statute or statutory power or under a power registered as a burden or under a trust for securing money registered as a burden; (ii) a burden created by trustees in exercise of a power under a settlement under which a limited owner is registered, (iii) any burden specified in Section 69(1)(h) or (i) of the Act, (iv) a lien registered as a burden pursuant to Section 73 of the Act of 2006, (v) An easement or profit registered as a burden pursuant to Section 49A of the Act. 

(2) The concurrence of a registered owner or of a person (other than the Authority) authorised by this rule to concur in the registration of a burden may be given by his/her personal representative in all cases. 

(3) A registered owner or person (other than the Authority) authorised by this rule to concur in the registration of a burden may give his/her concurrence personally or by his/her solicitor.