Rule 130 – Application for inhibition where there is no consent

(1) An application to the Authority for the entry of an inhibition, other than one the entry of which is authorised on the consent prescribed by Rule 129, may be in Form 76. See Rule 49 for an inhibition in relation to unregistered land.

(2) Where the inhibition applied for is a restriction on the registration of dispositions by a registered owner, the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against the registered owner.

(3) Where the inhibition applied for contains a restriction on the registration of dispositions by-
(a) the personal representative of a registered owner of property;

(b) the heir, devisee or other person entitled on the death of a full owner;

(c) the owner of an estate or interest in property the subject of a settlement under which a limited owner is registered; or

(d) any person claiming a right in or to a registered burden the ownership of which is not registered;
the application shall state the facts showing that the applicant has an unregistered right or interest in the property that is enforceable against such person.

(4) The application shall be accompanied by the instrument (if any) creating the unregistered right or interest, or such evidence of it as the Authority may deem sufficient, or, where the right or interest does not arise under an instrument, an affidavit or other evidence in proof of the facts that gave rise to it.

(5) An instrument creating an unregistered right or interest may, if the applicant so applies, be filed in the Registry for safe custody.