46.Section 13 empowers the Lord Chancellor to make rules in relation to the registration of dependent legal estates. First, rules may make provision for the entry in the register of a registered proprietor as the proprietor of an unregistered legal estate which subsists for the benefit of a registered estate. Rules made under this provision are meant to cover the situation where, on or subsequent to first registration, a registered proprietor has, or is granted, the benefit of a legal estate, such as an easement or a profit à prendre, over unregistered land. Rules will enable the benefit of such an estate to be entered in the register.
47.Secondly, rules may make provision for the registration of a person as the proprietor of an unregistered legal estate which is a charge on a registered estate. Rules under this provision are intended to cover the situations where:
In such circumstances, rules may enable the registration of the mortgagee as the proprietor of a registered charge.
Commentary on the Sections Part 2: First Registration of Title Dependent estates Section 13: Appurtenant rights and charges