Pending Action

Pending Action

An application for registration of a pending action as a burden may be made in accordance with Rule 91 in LR Form 40 (Precedent 9.H). Production of the Land Certificate is not required. A pending action which is to be noted on the Register should relate to the title to the relevant land. It would not be appropriate to register an action which does not affect the land or which affects it only indirectly - for example, an action for damages arising from an accident on the land.

PRECEDENT 9.H
APPLICATION FOR REGISTRATION OF A PENDING ACTION

LAND REGISTRY

Folio:
County:
Registered Owner:

I, XY of ...... as solicitor for CD of ...... require that the pending action or proceeding, particulars of which are contained in the memorandum hereunder, be registered on the above-mentioned folio as a burden affecting the estate of (set out the name and address of the person whose interest is to be affected).

Dated:
Signed:

MEMORANDUM

Title of action or proceeding:
Particulars of action or proceeding:
Description of land the subject of action or proceeding:
Court in which action or proceeding is pending:
Name and address of Plaintiff:
Name and address of Defendant:
Date of commencement or entry of action or proceeding:

I certify that the particulars set out in the above memorandum in respect of an action or proceeding pending before the above-mentioned Court are true and correct.

Dated:

(Signature of the Proper Officer of the Court in which the action or proceeding is pending.)

 
Cancellation of Pending Action

A notice of pending action may be cancelled upon the lodgement of:

  • a certificate from the Proper Officer of the Court stating that the action has terminated; or
  • a Court Order directing its cancellation; or
  • a Court Order directing a sale, together with a transfer in pursuance of that order; or
  • a letter consenting to its cancellation signed by the person who applied for its registration, or his personal representative or solicitor; or
  • a letter requesting cancellation on the grounds that the pending action has been registered as a burden for more than 5 years and the registration has not been renewed.