My disposition is intended to constitute real burdens by virtue of section 53 of the 2003 Act, so dual registration is not required. Does the Keeper have any special requirements?
A. You should refer to Registers Update 23; Applications for registration of deeds constituting, or intending to constitute, real burdens; for additional information. Essentially, your application for registration in the Land Register should make clear, either by using the application form or by covering letter, that the intention of the parties is not to dual register the deed for those real burdens, and that section 53 applies. This will avoid rejection by the Keeper’s staff. Q. I intend to constitute real burdens in a long lease being granted by my client. Presumably, I will need to dual register the lease against the landlord’s interest as well as the tenant submitted their application for registration? It does appear that it would be possible to constitute proper real burdens in a long lease as section 4 of the 2003 Act does not limit the types of deed which can be used. However, if you merely intend to constitute leasehold conditions enforceable as between landlord then there is
