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Practice Guide 19 – Notices, restrictions and the protection of third party interests in the register

Updated: 30 June 2014

Update

This edition of the guide replaces the 16 June 2014 edition. Section 2.4 has been added (and other consequential amendments made) to explain a change in policy for applications which are not first registrations, under which we will need only certified copies of deeds or documents you send to us with Land Registry applications. All documents submitted, including originals, will be scanned and destroyed.

Scope of this guide

This guide gives advice about how to apply for a notice or a restriction to protect a third party interest in a registered estate or charge. It explains the effect of existing register entries in respect of third party interests and explains what applications may be made in respect of existing entries. It is aimed at conveyancers and you should interpret references to ‘you’ accordingly. Land Registry staff will also refer to it.

1 Abbreviations and terms used

In this guide:

‘conveyancer’ means an authorised person within the meaning of s.18, Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (r.217A, LRR 2003)

‘Form A’ means the standard form restriction in Form A. Other references to forms of restriction in this way should be interpreted accordingly

‘LPA 1925’ means the Law of Property Act 1925

‘LRA 1925’ means the Land Registration Act 1925

‘LRA 2002’ means the Land Registration Act 2002

‘LRR 2003’ means the Land Registration Rules 2003

‘prescribed clauses lease’ means any lease granted on or after 19 June 2006 which is required by r.58A, LRR 2003 to contain the prescribed clauses set out in Schedule 1A, LRR 2003

‘registrable disposition’ means a disposition of a type listed in s.27, LRA 2002. These must be completed by registration if they are to have any effect on the legal estate

‘relevant proprietor’ means the person registered as the proprietor of the estate or charge to which the third party interest, or (as the context requires) the notice or the restriction relates

‘relevant social housing tenancy’ means a flexible tenancy within the meaning of s.107A, Housing Act 1985 or an assured tenancy of a dwelling in England granted by a private registered provider of social housing other than a long tenancy or a shared ownership lease (see s.132(1), LRA 2002 as amended by s.157, Localism Act 2011)

‘standard form restriction’ means one of the restrictions prescribed in Schedule 4, LRR 2003

‘the tribunal’ means the Land Registration division of the Property Chamber, First-tier Tribunal

‘third party interest’ means an interest in favour of someone other than the proprietor of the affected registered estate or charge.

2 Introduction

2.1 Notices and restrictions

The LRA 2002 provides two types of entry for the protection of third party interests affecting registered estates and charges: notices and restrictions.

  • A notice is an entry made in the register in respect of the burden of an interest affecting a registered estate or charge (s.32(1), LRA 2002).

  • A restriction is an entry in the register that prevents or regulates the making of an entry in the register in respect of any disposition or a disposition of a specified kind (s.40(1), LRA 2002).

This guide will explain the nature and effect of notices and restrictions. It will give advice about when they are entered and how to apply for an entry. It will also explain how existing notices and restrictions may be cancelled or amended.

The LRA 1925 also provided for the entry of notices and restrictions to protect third party interests. Interests could also be protected by entries known as cautions against dealings and inhibitions. The effect of such entries under the transitional provisions of the LRA 2002 and LRR 2003 are explained in section 6 Transitional provisions.

2.2 Matters not covered by this guide

This guide does not provide advice about third party interests that must be completed by registration, such as legal charges, leases of land for over seven years, or the express grant of legal easements out of registered land. Different provisions relate to bankruptcy notices and restrictions, and to notices in respect of (matrimonial) home rights; information about these is provided elsewhere and is not repeated in this guide.

Please refer to the following practice guides in particular for more information about other relevant topics.

2.3 The priority of competing interests – the reason why third party interests require protection

The revised system of title registration introduced by the LRA 2002 aims to make the register a complete and accurate reflection of the state of the title to a registered estate at any given time (paragraph 1.5, Law Com 271).

The proprietor of a registered estate can make a disposition of almost any kind permitted by the general law1 and someone dealing with the proprietor can assume that their powers are unlimited except for any restriction reflected by an entry in the register or imposed by or under the LRA 2002 itself (s.26, LRA 2002).

1 S.23(1), LRA 2002. It is no longer possible to mortgage a registered estate by demise or sub-demise or to create a legal sub-mortgage of a registered charge.

Where more than one party has an interest in a registered estate or charge, the general rule that decides the priority of each party’s claim is that each interest ranks in accordance with the date of its creation. Someone with an existing interest will not be affected by a later disposition2.

2 S.28, LRA 2002. Note that different general rules govern the priority between interests that were created before the LRA 2002 came into force.

However, there is one important exception. Someone who acquires a registrable disposition for value will, by registering their interest, postpone the priority of any other interest that has not been protected by the entry of a notice in the register3. In other words, they will not be affected by interests that have not been noted. Not all interests are postponed in this way (s.29(2), LRA 2002). In particular, certain interests have ‘overriding status’ and may bind someone who acquires a registrable disposition for value even if not entered in the register. However, many fewer interests have overriding status under the LRA 2002 than was the case under the LRA 19254.

3 S.29, LRA 2002. Dispositions not made for value or for only nominal consideration do not have this effect.

4 Refer to Practice Guide 15 – Overriding interests and their disclosure for more detail about interests with overriding status.

A notice entered in the register in respect of a third party interest will protect its priority against that of a subsequent registrable disposition for value. A restriction, by preventing the registration of a subsequent registrable disposition for value, will prevent the priority of a third party interest from being postponed.

2.4 Retention of documents lodged with applications

We will need only certified copies of deeds or documents you send to us with Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies. 

3 Notices

3.1 The nature and effect of notices

A notice is an entry made in the register in respect of the burden of an interest affecting a registered estate or charge.

Notices are almost always entered in the charges register of the registered estate to which they relate5. Where a notice is entered in respect of an interest affecting a registered charge it will refer specifically to the entries relating to the affected charge.

5 Rr.9(a) and 84(1), LRR 2003. Bankruptcy notices affecting the proprietor of a registered estate are entered in the proprietorship register, but are not dealt with in this guide.

The effect of a notice is very limited. The entry of a notice does not guarantee that the interest that it protects is valid or even that it exists. A notice will only ensure that the priority of the interest protected will not be automatically postponed on the registration of a subsequent registrable disposition for value, if the interest is valid.

If an interest had overriding status before becoming noted in the register, it will lose that status when the notice is entered (s.29(3), LRA 2002). The protection afforded by the entry of a notice is the same as that afforded by overriding status. However, the person with the benefit of the interest should be aware that once the interest has been noted, overriding status cannot be regained even if the notice is cancelled.

3.2 Interests that cannot be protected by notice

Certain interests cannot be protected by notice. These are:

  • interests under a trust of land (s.33(a)(i), LRA 2002)

  • interests under a settlement under the Settled Land Act 1925 (s.33(a)(ii), LRA 2002)

  • leasehold estates in land for a term of three years or less, except for any that have to be registered6

  • restrictive covenants made between lessor and lessee that relate only to the demised premises (s.33(c), LRA 2002)

  • interests capable of registration under the Commons Registration Act 1965 (s.33(d), LRA 2002)

  • certain interests in coal, coal mines and coal mining rights (s.33(e), LRA 2002)

  • PPP leases7

  • interests under a relevant social housing tenancy (s.33(ba), LRA 2002).

6 S.33(b), LRA 2002. Some shorter leases, such as reversionary leases to take effect more than three months after grant, must still be registered and, if granted out of registered land, will be noted against the lessor’s title.

7 S.90(4), LRA 2002. PPP leases are those that relate specifically to transport in London under the Greater London Authority Act 1999.

To the extent that these interests require protection by entry in the register (some of them have overriding status so do not need further protection), the only protection that can be applied for is a restriction.

3.3 Entry of notices in the register

3.3.1 Different types of notice

Notices may be entered in the register in various circumstances. For example the registrar will enter appropriate notices in the course of first registration (r.35(1), LRR 2003) and as part of the processing of certain types of registrable disposition8. Someone claiming an interest may also apply to the registrar for a notice to be entered.

8 For example, leases of land – see paragraph 3(2)(b) of Schedule 2, LRA 2002.

An application for entry of a notice may be for either:

  • an agreed notice, or

  • a unilateral notice.

There are different procedures for entering agreed notices and unilateral notices and for cancelling the entries once made. The forms of the entries in the register are also different. However, all types of notice have the effect of protecting the priority of the interest to which they relate, as discussed in section 3.1 The nature and effect of notices.

The term ‘agreed notice’ applies only to notices entered following an application to the registrar under s.34(2)(a), LRA 2002. However, all notices other than unilateral notices are treated in the same way as agreed notices once entered in the register. Where referring to notices that have already been entered in the register, this guide prefers reference to ‘notices (other than unilateral notices)’ rather than to ‘agreed notices’, to avoid confusion; similar terminology is adopted in the LRR 2003.

3.3.2 Agreed notices

An agreed notice can only be entered in the register either:

  • by, or with the consent of, the relevant proprietor (or someone entitled to be registered as such), or

  • if the applicant can satisfy the registrar that the interest claimed is valid.

We are not obliged to serve notice on the relevant proprietor before approving an application for an agreed notice that is not made with the proprietor’s cooperation. In most cases we will determine the application on the basis of the evidence lodged without involving the proprietor. However, if the application is one based on evidence rather than proprietor cooperation, we will always notify the proprietor that the entry has been made when we complete the application. Agreed notice entries must give details of the interest that they protect. Often this is achieved by referring to a document that describes, or which created, the interest. An extract from the document may be set out in the register or (a copy of) the document itself may be filed and made available for inspection9.

9 Please refer to Practice Guide 11 – Inspection and application for official copies for more information about public access to documents held by the registrar. See also section 3.4.2 Points to consider when deciding which type of notice to apply for.

An example of an agreed notice entry would be:

“(22.01.2004) Contract for sale dated 15 October 2003 in favour of James Dean Perry.

NOTE: Copy filed.”

The date in brackets at the beginning of the entry provides the date on which the entry is deemed to have been made10. An agreed notice gives notice of the interest to which it relates; its object is not to identify the beneficiary of that interest and it is not possible to note the devolution of title to an interest protected by an agreed notice.

10 This will be the date when the application for the notice was received. See r.20(1), LRR 2003.

Once entered in the register, any notice other than a unilateral notice will only be cancelled if the registrar is satisfied that the interest protected has come to an end, or that the interest claimed is otherwise invalid. A person applying for the notice to be cancelled must produce evidence to satisfy the registrar that this is the case.

3.3.3 Unilateral notices

A unilateral notice may be entered without the consent of the relevant proprietor. The applicant is not required to satisfy the registrar that their claim is valid and does not need to support their claim to the interest with any evidence. The registrar will however check that the interest claimed is of a type that may be protected by unilateral notice.

The relevant proprietor is not notified of the application until after the entry has been made so they will not usually be able to object to the application. However, they will always be notified after the application has been completed. They can then apply at any time to cancel the notice and by doing so require the person claiming the benefit of the protected interest to prove the validity of their claim.

There are two elements to a unilateral notice entry: the first part gives brief details of the interest protected and identifies that the entry is a unilateral notice; the second part gives the name and address of the person identified by the applicant as the beneficiary of the notice. This information is necessary as it is the beneficiary who will be served with notice and required to prove the validity of the interest if the relevant proprietor applies to cancel the notice.

An example of a unilateral notice entry would be:

“(22.01.2004) UNILATERAL NOTICE in respect of a contract for sale dated 15 October 2003 made between (1) Sandra Jane Kemp and (2) James Dean Perry.

(22.01.2004) BENEFICIARY: James Dean Perry of 23 The Burn, Ripley, Cornshire XX1 3AB.”

The date in brackets at the beginning of the first part of the entry provides the date when the entry is deemed to have been made.

The date in brackets at the beginning of the second part of the entry represents the date when the current beneficiary was entered in respect of the notice.

If a unilateral notice entry is to be made in respect of an agreement, it must contain details of what the agreement relates to, for example:

“(22.01.2004) UNILATERAL NOTICE in respect of an Agreement dated 15 October 2003 made between (1) Sandra Jane Kemp and (2) James Dean Perry relating to the ownership of a wall on the northern boundary of the land in this title.

(22.01.2004) BENEFICIARY: James Dean Perry of 23 The Burn, Ripley, Cornshire XX1 3AB.”

3.4 Which type of notice to apply for

3.4.1 Interests that can only be protected by agreed notice

While in most cases the applicant may decide whether to apply for an agreed notice or a unilateral notice, in respect of any of the following interests an applicant may only apply for an agreed notice (r.80, LRR 2003).

  • Home rights (see Practice Guide 20 – Applications under the Family Law Act 1996 for more details).

  • An HM Revenue & Customs charge in respect of a liability for inheritance tax.

  • An interest arising pursuant to an order under the Access to Neighbouring Land Act 1992.

  • A variation of a lease effected by or under an order made under s.38, Landlord and Tenant Act 1987 (including any variation as modified by an order under s.39(4) of that Act).

  • A public right.

  • A customary right11.

11 A customary right is one that is enjoyed by some or all of the inhabitants of a particular locality.

3.4.2 Points to consider when deciding which type of notice to apply for

There is no difference in priority between a unilateral notice and an agreed notice.

An applicant may prefer an agreed notice where they can obtain the relevant proprietor’s consent or can, in the absence of a consent, satisfy the registrar as to the validity of their claim.

Where the applicant is unable to obtain the consent of the relevant proprietor and it is not clear that the evidence will be sufficient to satisfy the registrar as to the validity of the claim, the applicant may choose to apply for a unilateral notice, as the interest claimed will be protected from the moment of the application.

The applicant might also choose to apply for a unilateral notice when seeking to protect an interest of a commercially sensitive nature and wishes to take advantage of the confidentiality afforded by the limited wording of the unilateral notice entry.

In some cases, the fact that the identity and address of the beneficiary of a unilateral notice will be entered in the register will make that form of entry preferable. These details can be updated if the identity of the beneficiary should change (see section 3.9.2 Registration of a new or additional beneficiary of a unilateral notice).

However the applicant should always be aware that the beneficiary of a unilateral notice may be required at any time to prove the validity of their claim.

3.5 Legal easements and profits a prendre benefiting unregistered land

The express grant of a legal easement or profit out of a registered estate is a registrable disposition (s.27(2)(d), LRA 2002). You should apply for the entry of the notice in form AP1 in order to ensure that it meets the relevant registration requirements (r.90, LRR 2003).

While application for an agreed notice (made in form AN1) or a unilateral notice (made in form UN1) to protect the priority of an easement or profit granted out of registered land may be made, it will not be an application within r.90, LRR 2003. R.90 provides that an application to meet the registration requirements must be in form AP1. Only if the registration requirements are met will an easement or profit operate at law.

There is one other much less common type of registrable disposition that is completed by the registrar entering a notice. That is the grant of a lease for a term of seven years or less out of a registered franchise or manor title (s.27(2)(c) and paragraph 5 of Schedule 2, LRA 2002). An application to complete such a lease must also be made in form AP1 in order to ensure that you meet the relevant registration requirements.

3.6 Applying for an agreed notice

3.6.1 Application form and fees

An application for an agreed notice must be made in form AN1.

The application must be accompanied by the fee prescribed under the current Land Registration Fee Order.

3.6.2 Applications made with the cooperation of the relevant proprietor

Unless the applicant can satisfy the registrar of the validity of the interest claimed, the application must be made by or with the consent of the relevant proprietor, or by or with the consent of someone who is entitled to apply to be registered as the relevant proprietor (s.34(3)(a) and (b), LRA 2002).

Where the applicant (or the person giving their consent) is entitled to be registered as proprietor, evidence of that entitlement must be lodged. Three common examples where someone may be entitled to be registered as proprietor are:

  • where they have recently taken a transfer of the estate or charge but have not yet become registered as proprietor. For example, where form AN1 is lodged at the same time as the application for registration

  • where the sole relevant proprietor has died and they are the personal representative

  • where they are the trustee in bankruptcy of the relevant proprietor and the estate or charge forms part of the bankrupt’s estate.

Where there are joint proprietors or there are persons who, jointly, are entitled to be registered as the relevant proprietor, all must consent or join in as applicants.

Any consent lodged with the application should be given in panel 11 of form AN1 but may be lodged separately.

3.6.3 Applications based on evidence rather than consent

Where the application is not made by or with the consent of the relevant proprietor, or someone entitled to be registered as such, it must be accompanied by sufficient evidence to satisfy the registrar of the validity of the applicant’s claim (r.81(1)(c), LRR 2003).

The evidence required to satisfy the registrar of the validity of the claim will of course vary on a case-by-case basis. The following examples illustrate the type of evidence that may satisfy the registrar of the validity of a claim.

  • A certified copy of the the original instrument, signed or executed by the relevant proprietor, where the interest is claimed to have been created by express grant from the proprietor.

  • A sealed court order in proceedings to which the relevant proprietor is or has been a party, where the interest is claimed to have arisen from that order or where the order declares the validity of the interest.

  • The sealed claim form and notice of issue, where the interest to be protected is a pending land action.

We will need only certified copies of deeds or documents you send to us with Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies. 

3.6.4 Details of the nature of the applicant’s claim

Whether the application is based on evidence to support the claim or the cooperation of the relevant proprietor, it must be accompanied by either:

  • the order or instrument (if any) giving rise to the interest claimed, or

  • details from which the registrar can ascertain the nature of the interest claimed (where there is no order or instrument to lodge) (r.81(1)(b), LRR 2003).

This information is necessary so that the registrar can ascertain that the interest claimed is of a type that may be protected by notice, and so that details of the interest in the register can be entered as part of the notice entry.

If the applicant wishes to ensure that any document lodged is returned when the application has been completed, they must include a certified copy of the deed with the application.

3.6.5 Protecting the confidentiality of the interest

Most documents held by the registrar may be inspected by any member of the public (s.66(1), LRA 2002).

Where a document lodged with an application contains information of a personal or commercially sensitive nature, the applicant should also consider applying to have the document designated an ‘exempt information document’.

For information about inspecting documents held by the registrar, or about applying to have a document designated an exempt information document, see Practice Guide 57 – Exempting documents from the general right to inspect and copy.

3.7 Applying for a unilateral notice

3.7.1 Application form and fee

An application for a unilateral notice must be made in form UN1.

The application must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order.

3.7.2 Details of the nature of the applicant’s claim

Details of the nature of the interest claimed must be set out in the relevant panel of form UN1. This information may be given either:

  • in the form of a statement by the applicant, or

  • in a certificate given by a conveyancer on the applicant’s behalf.

If there is more than one applicant and they choose to give a statement, that statement must be given by all the applicants. Where the applicant is a corporation the person giving the statement should confirm their position and that they are authorised to give the statement on behalf of the corporation.

A statement or certificate which does not name any of the parties where there is an instrument under which the interest arises is not acceptable.

When referring to the registered owner of the property, you should refer to them by name and not just as “the registered proprietor”.

Any discrepancy with the name shown in the register should be explained as should any situation where the registered proprietor is not a party to an instrument under which the interest has arisen.

The statement or certificate should disclose the applicant’s interest; for example reference to a written agreement without supplying further particulars is not acceptable.

An explanation should also be given where the interest is the subject of pending court proceedings or a court order to which the registered proprietor is not a party.

When referring to the registered owner of the property, you should refer to them by name and not just as “the registered proprietor”.

The applicant is not required to lodge any other document in support of their claim. However, if they do so, the registrar will normally retain the document or a copy of it and refer to it in the notice entry.

Note that if the document or a copy is retained, it will be available for public inspection.

3.7.3 Identifying the beneficiary of the notice

An application for a unilateral notice must identify who is to be named in the entry as the beneficiary of the notice and must provide up to three addresses for service to be entered in the register.

The addresses given may be postal, DX or electronic addresses although one must be a postal address, though not necessarily an address in the UK12.

12 Rr.198-9, LRR 2003 provide further information about addresses for service and when service shall be regarded as having taken place.

Any cancellation notice in respect of the unilateral notice will be sent to the beneficiary at the addresses for service in the register. Where appropriate, one address given may be ‘care of’ the beneficiary’s conveyancer to ensure that a cancellation notice is not inadvertently overlooked when received.

Where the beneficiary is a company or limited liability partnership registered anywhere in the United Kingdom you must include its company registration number in panel 6 of form UN1. If the beneficiary is a company incorporated outside the United Kingdom you must include the territory of incorporation and if the company is registered at Companies House in England or Wales (but not Scotland or Northern Ireland) the registration number issued by Companies House. Overseas companies may be registered at Companies House if they have a branch or place of business in England and Wales.

3.8 Cancelling and removing notices from the register

3.8.1 Cancellation of a notice (other than a unilateral notice)

An application to cancel a notice (other than a unilateral notice) must be made in form CN1 and must be accompanied by appropriate evidence to satisfy the registrar that the protected interest has come to an end (see also section 2.4 Retention of documents lodged with applications regarding retention of documents sent to us). This should include where appropriate evidence of devolution of title to the interest.

There is generally no fee for making the application. However, where the cancellation is to reflect the determination of an unregistered lease or rentcharge, a fee is payable as prescribed under the current Land Registration Fee Order13.

13 For cancellation of a notice of an unregistered lease, the fee will be assessed under Scale 1 of the current Land Registration Fee Order on the value of the lease immediately prior to its determination. A fixed fee is prescribed for cancellation of an unregistered rentcharge.

Neither the LRA 2002 nor the LRR 2003 restrict who may apply for cancellation, but the registrar may only approve the application if satisfied that the interest protected has come to an end. If the interest protected by the notice has only come to an end in part, the registrar must make an appropriate entry.

If the registrar is not satisfied that the interest protected by the notice has come to an end, details of the circumstances in which the applicant claims the interest has determined may be entered in the register14.

14 R.87(4), LRR 2003.

3.8.2 Cancellation of a unilateral notice

‘Cancellation’ of a unilateral notice is the term used in s.36, LRA 2002 to describe the procedure whereby a proprietor can request the registrar to take a unilateral notice off the register.

Only the registered proprietor of the estate or charge to which the note relates (or someone entitled to be registered as proprietor) may apply to cancel a unilateral notice but they may do so at any time without giving reasons for doing so15. Where there are joint proprietors, or more than one person is entitled to be registered as a joint proprietor, then it is considered that each of the joint proprietors, or each of those people, must apply.

15 Note that where a unilateral notice has been entered against a registered estate, the proprietor of a charge registered against the same estate is not entitled to apply to cancel the notice.

If the application is made by someone entitled to be registered as the relevant proprietor, the applicant must also provide evidence of their entitlement. A conveyancer’s certificate in panel 9 of form UN4 is sufficient to comply with our requirements. If no conveyancer is acting evidence of the applicant’s entitlement must be lodged with the application.

An application to cancel a unilateral notice must be made in form UN4. There is no fee for making the application.

When an application to cancel a unilateral notice is received, the registrar will serve notice of the application on the beneficiary who then has a set period of 15 business days in which to object to the application and show an arguable case for the validity of the interest claimed. If the beneficiary does not object to the application within that period, or any extension to it, or, having objected, fails to show an arguable case, the notice is cancelled. Where there are two or more persons shown as the beneficiary of a notice, each one may object16.

16 R.86(8), LRR 2003.

Any dispute about whether the notice should be cancelled that cannot be resolved by agreement will be referred to the tribunal – see Practice Guide 37 – Objections and disputes – A guide to Land Registry practice and procedures for more information.

3.8.3 Removal of a unilateral notice

‘Removal’ of a unilateral notice is the term used in s.35(3), LRA 2002 to describe the procedure whereby a unilateral notice is withdrawn at the request of the beneficiary.

An application to remove a unilateral notice must be made in form UN2. There is no fee for making the application.

Only the person registered as beneficiary of a unilateral notice, or in appropriate cases the personal representative or trustee in bankruptcy of the beneficiary, may apply to remove the notice. Where someone other than the beneficiary applies, they must lodge evidence of their entitlement to apply which can be in the form of a conveyancer’s certificate in panel 6 of form UN2.

3.8.4 Notice in respect of a charge that is subsequently completed by registration

Where:

  • charge A is created before charge B (so charge A has priority over charge B, as first in time – s.28(1), LRA 2002)
  • notice is entered in the register in respect of charge A
  • subsequently, charge B is completed by registration – at this stage the effect of charge A being noted is that its priority is protected as against charge B (s.29(2)(a)(i), LRA 2002)
  • later, charge A is also completed by registration

cancellation or removal of the notice might result in the first charge losing its priority to the second charge (there is, as far as we are aware, no case law on the point). This is because registered charges rank, as between themselves, according to the order in which they are entered in an individual register (s.48(1), LRA 2002, r.101, LRR 2003). It is arguable that retaining the notice in respect of charge A constitutes “an entry in the individual register to the contrary” for the purposes of r.101, and so allows for that charge to retain its priority over charge B. We will not automatically remove the notice in respect of a charge when subsequently completing the grant of a charge by registration, but it would still be advisable to make clear, when applying to register the charge, that the notice is to remain in the register, so that this is done17.
17 You may also wish, when applying for substantive registration of charge A in the scenario given, to apply at the same time for an entry to be made that expressly provides for the charge to have priority to charge B, rather than relying on the notice ensuring the retention of this priority; see Practice Guide 29 – Registration of legal charges and deeds of variation of charge – 4 Application to register a charge.

3.9 Variations to interests that have been noted

3.9.1 Variation of a noted interest

Where an interest that has been noted in the register is varied, the priority of the interest, as varied, may be protected in one of two ways.

  • By applying to cancel the existing notice (or in the case of a unilateral notice, by applying to remove it) and applying for a new notice in respect of the interest as varied.

  • By applying for an additional notice in respect of the variation.

As the date on which the original notice was entered may be important for the purpose of establishing its priority, the registrar will not usually agree to alter the terms of an existing notice to reflect a variation in a third party interest that has been agreed subsequently.

3.9.2 Registration of a new or additional beneficiary of a unilateral notice

In order that the register may be kept up to date, someone who is or has become entitled to the benefit of an interest that is protected by a unilateral notice may apply to be entered as the beneficiary. They may apply to be entered in substitution for one or more of the persons already entered as ‘the beneficiary’ or to be added to them (r.88, LRR 2003).

It will be important for someone with the benefit of the claim to ensure that they are entered as beneficiary, as only the beneficiary is entitled to object to an application to cancel the notice (s.73(3), LRA 2002).

The application must be made in form UN3 and must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order.

The application must be accompanied by sufficient evidence of the applicant’s entitlement to satisfy us that the claimed interest that is protected by the notice is vested in the applicant, either in place of one or more of the persons registered as the beneficiary or as well as them. A conveyancer’s certificate in panel 11 of form UN3 is sufficient to comply with our requirements.

Note that, as we did not need to be satisfied that the claim was valid to enter the notice in the first place, the evidence required for this application need only show that the applicant is entitled to the benefit of the claim, not that the interest claimed is valid.

The existing beneficiary should, where possible, be asked to sign the form UN3 or consent to the application. If they do not lodge a consent, the registrar will serve notice on the current beneficiary unless the applicant is the personal representative of the beneficiary and lodges evidence of their entitlement to act.

If there is any dispute about whether the new claimant or the existing beneficiary is the person entitled to the benefit of the interest protected, the new claimant could apply for a new notice rather than applying to be registered as beneficiary of the existing notice.

4 Restrictions

4.1 The nature and effect of restrictions

4.1.1 The general effect of restrictions

Restrictions prohibit the making of an entry in respect of a disposition or a disposition of a specified kind. The prohibition may be indefinite or for a specified period and it may be absolute or conditional on something happening (for example on the consent of a third party being obtained).

The term ‘disposition’ is not defined in the LRA 2002. Most restrictions refer to dispositions by the proprietor of the registered estate or of a registered charge, implying some action by that proprietor to make the disposition. A disposition may also occur by operation of law, and a restriction that refers merely to “no disposition” would also catch such a disposition. Please note, however, that a discharge of a registered charge is not a disposition and cannot be prevented by a restriction.

A restriction makes it apparent from the register that either the powers of the relevant proprietor are limited, or that a prior condition must be met before a disposition can be registered.

Once entered, a restriction will remain in the register until it is cancelled or withdrawn. Restrictions are not automatically cancelled following a disposition, although we may cancel any restriction that has clearly become superfluous.

4.1.2 Restrictions affecting a registered estate

A restriction that is entered to regulate dispositions of a registered estate will be entered in the proprietorship register.

Such restrictions do not have any effect on existing registered charges or the powers of the registered chargee. Since 10 November 2008 the wording of standard restrictions makes this clear, but the principle also applies to restrictions entered before that date. However, a restriction entered in the proprietorship register may affect a charge that is registered afterwards. The date entered in brackets at the beginning of an entry shows the date of its registration. You can tell by comparing the date of a restriction and the date of registration of a registered charge whether the chargee’s powers may be affected.

4.1.3 Restrictions affecting an existing registered charge

A restriction that affects an existing registered charge will be entered in the charges register and will refer specifically to the entries relating to the affected charge.

Even though a restriction entered in the proprietorship register may appear to restrict dispositions by ‘the proprietor of any registered charge’ (see, for example, the Form O restriction), it will not have any effect on a charge that was registered prior to the entry of the restriction.

If you intend to restrict all dispositions whether by the proprietor of the registered estate or the proprietor of an existing registered charge, you must apply for separate restrictions in the two parts of the register.

4.1.4 What entries may be prevented by a restriction?

The standard form restrictions prescribed in Schedule 4, LRR 2003 each regulate or prohibit the registration of a disposition. Registration in this context is defined as meaning the completion by registration of a registrable disposition. None of the standard form restrictions prevent the mere entry of a notice.

Note, however, that some restrictions entered under the LRA 1925 expressly prevented the entry of a notice. We will not accept an application for a restriction not in a standard form under the LRA 2002 that expressly prevents the entry of a notice, as this would have the effect of preventing the protection of a third party interest by an agreed or unilateral notice.

4.1.5 Complying with a restriction

Where the terms of a restriction require a certificate or written consent signed by a corporation aggregate, unless a contrary intention appears in the restriction or the certificate or consent is given in a deed executed by the corporation in question, the certificate or consent must be signed by either:

  • its clerk, secretary or other permanent officer

  • a member of its board of directors, council or other governing body

  • its conveyancer, or

  • its duly authorised employee or agent (r.91B, LRR 2003).

The certificate or consent must state the full name of the signatory and the capacity in which the signatory signs (r.91B(5), LRR 2003).

If a restriction requires a certificate or consent to be signed on behalf of a corporation by its secretary but that corporation has no secretary, the certificate or consent should be signed by one of the other persons listed above (r.91B(4), LRR 2003).

4.2 Entry of restrictions

4.2.1 Restrictions entered at the registrar’s discretion

S.42(1), LRA 2002 sets out the registrar’s general power to enter a restriction as follows.

“The registrar may enter a restriction in the register if it appears to him that it is necessary or desirable to do so for the purpose of –

(a) preventing invalidity or unlawfulness in relation to dispositions of a registered estate or charge,

(b) securing that interests which are capable of being overreached on a disposition of a registered estate or charge are overreached, or

(c) protecting a right or claim in relation to a registered estate or charge.”

The registrar may enter a restriction to fulfil one of these purposes whether or not an application is made to do so. However, the registrar will always notify the relevant proprietor when a restriction is entered without an application having been made to do so. See section 4.4.5 Notifiable applications for information about notices served when an application has been made to enter a restriction.

It will usually be clear whether or not a restriction is necessary or desirable for one of the three permitted purposes, but this will not always be the case. Note in particular that the purpose set out in s.42(1)(c), LRA 2002 does not permit the registrar to enter a restriction in respect of any right or claim but is limited as follows.

  • Firstly, the registrar may not enter a restriction to protect the priority of an interest that is or could be protected by notice (s.42(2), LRA 2002). However, a restriction might still be necessary or desirable for one of the other permitted purposes set out in s.42(1)(a) or (b), LRA 2002, for example to prevent the unlawful breach of a provision in a contract that has been protected by notice.

  • Secondly, a right or claim may only be protected under the third permitted purpose if it relates to a registered estate or charge. As only the legal estate will be registered, this does not include rights or claims that relate only to a beneficial interest in property.

A charging order affecting a beneficial interest under a trust may still be protected by a restriction entered under s.42(1)(c), LRA 2002, such as Form K, as this is expressly confirmed in the LRA 2002 (s.42(4), LRA 2002). However, generally a restriction can only be entered in respect of an interest under a trust for one of the other two permitted purposes. In most cases, a restriction in Form A will be appropriate for the second purpose – to ensure that overreaching takes place on a disposition that gives rise to capital monies. See Practice Guide 24 – Private trusts of land for more information.

4.2.2 Where we are obliged to enter a restriction

We are obliged to enter a restriction in certain circumstances. These are where:

  • we enter two or more persons as joint proprietors of a registered estate in land and the survivor will not be able to give a valid receipt for capital money (s.44(1), LRA 2002) – see Practice Guide 24 – Private trusts of land for more information

  • some other statute requires the registrar to enter a restriction (s.44(2), LRA 2002)

  • a bankruptcy order is registered under the Land Charges Act 1972 and it appears that a registered estate or charge is affected (s.86(4), LRA 2002). Practice Guide 34 – Personal insolvency provides further detail about the entry of a bankruptcy restriction

  • the court makes an order that requires the registrar to enter a restriction (s.46, LRA 2002) – see section 4.6 Court orders requiring the entry of a restriction for more detail about restrictions required by the court.

R.95, LRR 2003 specifies the forms of restriction that we are obliged to enter under various statutory provisions.

4.3 The form of a restriction

4.3.1 Standard form restrictions

The effect of a restriction must be clear from its wording and its administration must not place us under an unreasonable burden. Schedule 4, LRR 2003 prescribes a number of standard form restrictions that are intended to cover the vast majority of applications made. These are set out in Appendix C of this guide.

The standard form restrictions are worded in a clear manner so that we, and someone inspecting the register, will be able to determine whether a given application will be caught by its terms and, if so, what action needs to be taken to allow the application to proceed.

When applying for a standard application, remember that:

  • words in [square brackets] in ordinary type are optional parts of the form; the brackets are not to be included in the restriction

  • words in [square brackets] in italic type are instructions for completion of the form, and are not to be included in the restriction

  • where (round brackets) enclose one or more words, the brackets and all words in ordinary type enclosed in them are part of the form and, unless also enclosed in [square brackets], must be included in the restriction

  • where a form contains a group of clauses introduced by bullets, only one of the clauses may be used; the bullets are not to be included in the restriction

  • where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words ‘in favour of’ followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge

  • where the wording of a restriction in Schedule 4, LRR 2003 provides for a certificate or consent to be given by the restrictioner ‘[or [their conveyancer or specify appropriate details]’, the words ‘or specify appropriate details’ should refer to a class (or classes) of person who may be expected to act on behalf of the restrictioner rather than to a particular named individual

  • a standard restriction cannot be amended to commence with the words ‘no dealing’ or ‘no disposition or dealing’, nor can wording be used to prevent noting (as opposed to registration) of a disposition.

Note that standard form restrictions N and T were amended on 10 November 2008. Prior to that date these restrictions provided for the option of either a consent or a certificate to be lodged. They now provide only for a consent to be given. Forms NN and OO have been introduced and these allow for either a consent or a certificate.

4.3.1.1 Adapting the restriction to suit your circumstances

R.91A, LRR 2003 allows the following amendments to the standard restrictions.

  • Where a standard form restriction is intended to affect part of a registered estate the words ‘No [disposition or specify type of disposition] of the registered estate’ [should be replaced by ‘No disposition [or specify type of disposition] of the part of the registered estate]’ followed by a sufficient description, by reference to a plan or otherwise, to clearly identify the part affected.

  • A restriction in standard form L, M, N, O, P, S, T, II, NN, OO or PP may commence with the word ‘Until’ followed by a date.

  • A restriction in standard form L, N, S, T, II, NN or OO may commence with the words ‘Until the death of [name]’ or ‘Until the death of the survivor of [names of two or more persons]’.

  • Where the words ‘they’ or ‘their’ occur in a standard form of restriction, they may be replaced, as appropriate, by ‘he’, ‘she’, ‘it’, ‘his’, ‘her’ or ‘its’ if they refer to a person or corporation named in the restriction.

  • Where a standard form of restriction permits the type of disposition to be specified, the word ‘disposition’ may be replaced by ‘transfer’, ‘lease’, ‘charge’, ‘sub-charge’ or any combination of these, but not by anything else.

As well as the options allowed by rule 91A referred to above, which include provisions for restrictions that will cease to have effect on the death of a named person or persons, the wording of standard restrictions L, N. S, T, NN and OO allow for the inclusion of wording to show who should give the certificate or consent if the restriction is to continue to have effect after the death of the person named in the restriction. Thought should always be given to making use of these options when the restrictioner is a person as they can make later applications for cancellation, withdrawal or modification considerably more straightforward for both the applicant and Land Registry.

  • ‘or their personal representatives’ may be added after the name and address of the person required to give a certificate or consent by the restriction.

  • ‘or after that person’s death by [name] of [address]’ may be added after the name of the restrictioner if the restriction is to continue to have effect after the death of the restrictioner but it is not appropriate that the restrictioner’s personal representatives give the consent or certificate.

  • ‘[name] of [address] and [name] of [address] or the survivor of them’ may be used where more than one person is named in the restriction and there is a right of survivorship to the interest protected by the restriction.

  • ‘[name] of [address] and [name] of [address] or the survivor of them or by the personal representatives of the survivor’ may be used if the restriction will continue to have effect after the death of the survivor of the persons named.

Additionally:

  • ‘or by [name] or [address]’ may be added after the name of the restrictioner if they wished to allow an alternative second person to give the consent or certificate.

The additional wording should only be used where it is shown as an option in the wording of the standard restrictions.

Note that a restriction that starts ‘Until the death of [name]’ does not necessarily have to be completed with the same name as that of the person who is to give a certificate or consent. An example of this may be where a restriction calls for the certificate to be given by a patient’s deputy appointed under the Mental Capacity Act 2005 – the restriction may require the consent of the deputy until the death of the patient.

Other practice guides in this series provide information about standard form restrictions that should or may be applied for or entered in particular situations.

Any amendment not provided by rule 91A or which goes beyond those explained in section 4.3.1 Standard form restrictions will make the restriction non-standard. For example, the [name] field in the standard restrictions does not allow for additional descriptive text such as details of the particular office or function of the restrictioner. If a restriction is required in favour of, for example, ‘X, the supervisor of …’ application should be made for a non-standard restriction.

4.3.2 Restrictions not in a standard form

You should only apply for a restriction that is not in a standard form if none of the standard form restrictions is appropriate.

Where there is no appropriate standard form available we will only approve the form that you have applied for if:

  • it is reasonable

  • its application would be straightforward

  • its application would not place us under an unreasonable burden (s.43(3), LRA 2002).

Please remember the following points if applying for a restriction not in standard form.

  • It must always contain the words ‘is to be completed by registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2, LRA 2002 (r.91(3), LRR 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’.

  • If the restriction affects part only of a registered extent it must contain a sufficient description, by reference to a plan or otherwise, to clearly identify the part affected.

  • Do not commence the wording of the restriction with ‘No dealing’ or ‘No disposition or dealing’ or use wording to prevent noting (as opposed to registration) of a disposition.

  • Before you finalise an agreement in which the parties agree to apply for a non-standard restriction in a specified form, please check with us that the proposed form is acceptable. It can prove difficult to renegotiate the terms of an unacceptable restriction after an agreement has been made.

As we must consider the appropriateness of any restriction applied for that is not in a standard form, the application fee prescribed in the current Land Registration Fee Order is higher than that for a standard form restriction.

4.4 Applying for a restriction

4.4.1 Who may apply for a restriction?

You only apply for the entry of a restriction if you:

  • are the relevant proprietor

  • are entitled to be registered as the relevant proprietor (see section 3.6.2 Applications made with the cooperation of the relevant proprietor)

  • have obtained the consent of the relevant proprietor or someone entitled to be registered as such, or

  • otherwise have a sufficient interest in the making of the entry.

4.4.2 Compulsory applications

R.94, LRR 2003 prescribes certain situations where a person must apply for a restriction. In particular, where a new trust is set up or there is a change in a trust of land and as a result a sole proprietor will not be able to give a valid receipt for capital money, a proprietor must apply for a restriction in Form A (Schedule 4, LRR 2003). This is the standard joint proprietorship restriction – see Practice Guide 24 – Private trusts of land for more information.

Note that where two or more people are under an obligation under r.94, LRR 2003 to apply for entry of a restriction in Form A, that obligation will be satisfied by an application by one of those people. In this case however the application should be made as if it was made by a person with sufficient interest (see section 4.4.3 Applications made without the cooperation of the relevant proprietor – the need to show a sufficient interest) and Land Registry will serve a notice for information only on the other proprietor(s).

4.4.3 Applications made without the cooperation of the relevant proprietor – the need to show a sufficient interest

Where the applicant does not have the cooperation of the relevant proprietor, they may only apply for a restriction if they can satisfy us that they have a sufficient interest in the making of the entry.

R.93, LRR 2003 contains a list of standard situations where a class of person will be regarded as having a sufficient interest in the making of an entry. In most cases, the rule identifies which of the standard form restrictions will be appropriate to each situation covered.

The applicant must give details of the nature of their interest and how that interest arose. We will require evidence to show sufficient interest in support of an application.

This evidence must be a statement by the applicant in panel 12 of form RX1 or conveyancer’s certificate in panel 13. If the interest arises from a document (for example, a court order) the statement or certificate should refer to that document and a certified copy should be enclosed and listed in panel 5. We can ask for additional evidence if necessary (r.92(4), LRR 2003).

If there is more than one applicant and they chose to give a statement, that statement must be given by all the applicants. Where the applicant is a corporation the person giving the statement should confirm their position and that they are authorised to give the statement on behalf of the corporation.

4.4.4 Interests under trusts

An interest under a trust of land cannot be protected by an agreed or unilateral notice (s.33(a)(i), LRA 2002) but may be protected by a restriction. Generally, a beneficiary under a trust of land may apply for a Form A restriction if one has not already been entered in the register. A Form A restriction ensures that any capital money must be paid to two trustees or a trust corporation. A second Form A restriction cannot be entered because the purpose of a Form A is to ensure that interests behind the trust are overreached; it does not give notice of an individual’s interest under a trust.

An interest under a trust of land means the interest of a person under such a trust who stands only one step away from the registered estate. Examples include:

  • where A and B are the proprietors of the registered estate and hold on trust for themselves (both have interests under a trust of land)

  • where C and D are the proprietors of the registered estate and hold on trust for E for life and for F thereafter (E and F have interests under a trust of land)

  • where G is the proprietor of the registered estate and holds on a bare trust for H (H has an interest under a trust of land).

If another form of restriction is required either in place of or in addition to a Form A restriction, evidence will have to be lodged showing that the applicant has a sufficient interest in the making of the entry. Whether the application can be accepted will depend on the restriction applied for, the nature of the applicant’s interest and the particular circumstances of the case.

If the application was for a consent restriction such as Form N, the registrar would have to be satisfied that it was necessary or desirable (for one of the purposes in s.42(1), LRA 2002) for such a restriction to be entered. To allow a consent restriction to be entered (except, for example, when it was required under the trust) would be to give the beneficiary a right they are not entitled to and could result, in practice, in thwarting the clear intention of ss.42(1)(b) and 44(1), LRA 2002 and ss.2 and 27, LPA 1925 that overreaching should take place.

Where a Form A restriction is considered insufficient to protect a beneficiary’s interest under a trust of land, they may also apply for a restriction in Form II. A restriction in this form should ensure that the person named in the restriction receives notice of the disposition, thereby giving them the opportunity of pursuing the proceeds of sale.

If the beneficiary’s consent is required under the terms of the trust, an application may be made for a Form B restriction.

Further information about protecting an interest under a trust of land can be found in Appendix A to this guide.

The interest of a person who is two or more steps away from a registered estate which is subject to a trust of land is for the purpose of this guide termed a ‘derivative interest’ and examples include:

  • proprietors J and K hold on trust for L and M and M holds on trust for herself, N and O (N and O will have derivative interests)

  • proprietors P and Q hold on trust for R and S, and S holds on trust for T and U (T and U have derivative interests – here S does not hold on a bare trust)

  • proprietors V and W hold on trust for X and Y and X charges their interest to Z (Z has a derivative interest).

A person with a derivative interest may apply for a Form A restriction provided such a restriction has not already been entered in the register.

It is difficult to see how an applicant with a derivative interest would be able to satisfy the registrar that they have sufficient interest under s.42(1), LRA 2002 (see section 4.2.1 Restrictions entered at the registrar’s discretion) for any other form of restriction, for example a consent restriction, to be entered. Generally, a person with a derivative interest will not be able to apply for a different form of restriction because:

  • the holder of a derivative interest cannot apply under s.42(1)(a), LRA 2002 on the basis that the restriction might prevent the trustees from misapplying the proceeds of sale following a disposition which overreaches the beneficial interests, as subsection (1)(a) is concerned only with preventing unlawfulness or invalid dispositions of registered estates and not with subsequent dealings with the proceeds of sale

  • a derivative interest is not a right or claim in relation to a registered estate or charge within s.42(1)(c), LRA 2002 as it is a right or claim in relation to the beneficial interest under the trust of land (not in relation to the registered estate or charge).

A person with the benefit of a charging order over a beneficial interest under a trust of land may apply for a Form K restriction, even though their interest is a derivative interest, because of the provisions of s.42(4), LRA 2002 and r.93(k), LRR 2003.

The Legal Services Commission, where it has a statutory charge over a beneficial interest under a trust of land, may apply for a restriction in Form JJ.

4.4.5 Notifiable applications

We will notify the relevant proprietor before we complete an application for a restriction unless it is either:

  • made by or with the consent of the relevant proprietor or someone entitled to be registered as such

  • one of the compulsory applications listed in r.94, LRR 2003, or

  • applied for to reflect a limitation under a court order or an order of the registrar (or an undertaking given in place of such an order) (s.45, LRA 2002).

The notice will give the relevant proprietor 15 business days to object to the application. If a dispute arises from an objection to an application made within that period and it cannot be resolved by agreement, it will be referred to the tribunal. See Practice Guide 37 – Objections and disputes for more information about the resolution of disputes by the tribunal.

4.5 How to apply for a restriction

4.5.1 Application form and fee

Most applications for restrictions must be made in form RX1. Before applying, please think carefully about the disposition that you wish to restrict, ie is it against a disposition of the registered estate or against a disposition of a registered charge? Select the standard form restriction as appropriate to your circumstances. Remember that a standard form restriction against a disposition of a registered charge will appear in the charges register of the title concerned.

However, you may apply for any standard form restriction by making the application in:

  • the additional provisions panel of any of the following forms: TP1, TP2, TR1, TR2, TR4, TR5, AS1, AS2, AS3

  • the following forms of charge:

  • panel 8 of form CH1

  • an electronic legal charge

  • a charge where we have approved the form of the charge in advance (including the application for the restriction)

NB: Any application to register a restriction not in one of the forms of charge above, or to register a non-standard restriction, must be made using form RX1.

  • a lease containing clauses LR1 to LR14 of Schedule 1A, LRR 2003 (see section 4.5.2 Applications for a restriction contained in a lease).

The application must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order.

4.5.2 Applications for a restriction contained in a lease

In general no effect will be given to an application to register a restriction contained in the body of a lease.

However, any lease containing clauses LR1 to LR14 of Schedule 1A, LRR 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This includes prescribed clauses leases granted on or after 19 June 2006. If clause LR13 is not completed in such a lease, any application to register a restriction contained within the body of the lease will be ignored.

Where a lease containing clauses LR1 to LR14 of Schedule 1A, LRR 2003 is lodged for registration, and the standard form restriction is to be entered against titles other than the landlord’s or that created by the registration of the lease, it will only be registered if clause LR2.2 is also completed18.

18 R.72A(4), LRR 2003.

Where application is made against a title other than the landlord’s or that created by the registration of the lease, evidence may be required of the consent of the registered proprietor, or of the person entitled to be registered as proprietor, or that the person applying has sufficient interest in the making of the entry. Where clause LR13 is used to apply for a standard form restriction and such evidence is required it should be lodged under a covering letter with the application to register the lease.

Clause LR13 may not be used to apply for a non-standard form restriction and a form RX1 should continue to be used.

Practice Guide 64 – Prescribed clauses leases provides further information about prescribed clauses leases.

4.5.3 Information that must accompany the application

You must lodge the following information with your application. See also section 2.4 Retention of documents lodged with applications regarding retention of documents sent to us.

  • Full details of the restriction that you are applying for.

  • An address for service for:

  • anyone named in a standard form restriction whose address is required by that restriction

  • anyone named in any other restriction whose consent or certificate is required or to whom notice must be given by the registrar or another person.

  • Where the restriction refers to a company or limited liability partnership registered anywhere in the United Kingdom you must include the company registration number in the restriction immediately after the name. If the restriction names a company incorporated outside the United Kingdom you must include the territory of incorporation and if the company is registered at Companies House in England or Wales (but not Scotland or Northern Ireland) the registration number issued by Companies House. Overseas companies may be registered at Companies House if they have a branch or place of business in England and Wales.

  • Where the application is made with the consent of the relevant proprietor or someone entitled to be registered as such, you must lodge either:

  • the consent, or

  • a certificate given by a conveyancer confirming that he holds the relevant consent: this should be entered in panel 13 of the RX1 or the additional provisions panel of the forms mentioned in section 4.5.1 Application form and fee.

  • Where the application is made by or with the consent of someone entitled to be registered as the relevant proprietor, you must lodge either:

  • evidence of their entitlement, or

  • a certificate given by a conveyancer confirming that they are satisfied that person is entitled to be registered and that either the conveyancer holds original documentary evidence of the entitlement or that there is a pending application to register that person as proprietor at Land Registry: this should be entered in panel 13 of the RX1 or the additional provisions panel of the forms mentioned in section 4.5.1 Application form and fee.

  • Where the application is not made by or with the consent of the relevant proprietor, you must lodge:

  • evidence of your interest in the making of the application. Details of the nature of the interest and of how that interest arose must be given either as a statement by the applicant in panel 12 or as a conveyancer’s certificate in panel 13 of form RX1. When referring to the registered owner of the property, you should refer to them by name and not just as “the registered proprietor”. Where it is available, documentary evidence of the interest should be lodged with the application. Although there may be no documentary evidence where the interest is a resulting or constructive trust we would expect to see documentary evidence for all other restrictions (apart from restrictions in Forms D, E, or F).

4.6 Court orders requiring the entry of a restriction

4.6.1 The court’s power to order the entry of a restriction

The court may make an order requiring the registrar to enter a restriction (s.46, LRA 2002). Forms AA to HH are the standard form restrictions that the court is most likely to order the registrar to enter, but it may also order the entry of a restriction in a different form.

If you intend to apply to court for an order that will require the registrar to enter a restriction that is not in one of the standard forms, please contact us first to ensure that the proposed form will be straightforward and will not place us under an unreasonable burden.

4.6.2 Application form and fee

Although the order may be addressed directly to the Chief Land Registrar, you should make a formal application for the restriction to be entered. This will ensure that the restriction is entered against the correct titles.

Your application should be made in form AP1 (not RX1) (r.92(8), LRR 2003) and should be accompanied by the fixed fee prescribed under the current Land Registration Fee Order.

4.6.3 Overriding priority

The court may direct that the terms of the restriction must take priority over that afforded by any official search with priority that is pending when we process the application for the restriction (s.46(3), LRA 2002).

The restriction will then be entered immediately even if there is an unexpired priority period arising from an official search to protect the priority of a disposition that has not yet been lodged.

This direction may be appropriate if there is a risk that somebody may apply for an official search ‘with priority’ before the restriction can be entered so that they can register a disposition of the property without being caught by the terms of the restriction.

4.7 Removal of a restriction entry

4.7.1 Removal of restrictions

Restrictions may be removed from the register in the following ways.

  • They may be withdrawn voluntarily by the appropriate people interested in the restriction (s.47, LRA 2002 and r.98, LRR 2003).

  • Anyone may apply to cancel a restriction that is no longer required (r.97, LRR 2003).

  • We may cancel a restriction ourselves if it is clear that it is superfluous (paragraph 5 of Schedule 4, LRA 2002).

  • We must cancel a restriction entered in respect of a trust of land if we are satisfied that the affected estate is no longer subject to the trust (r.99, LRR 2003). See section 7 of Practice Guide 24 – Private trusts of land for more information about cancellation of trust restrictions.

Depending on its terms, a restriction may continue to have effect despite numerous changes of proprietorship, other dispositions and the lapse of time.

Someone intending to take a disposition of an estate or charge against which a restriction has been registered should therefore consider whether:

  • the disposition will be affected by the restriction and, if so, whether they can comply with its terms

  • the restriction may affect any later disposition they may wish to make.

In appropriate circumstances they should take steps to ensure the restriction will be cancelled or withdrawn before committing themselves to complete the disposition.

4.7.2 Applications to cancel a restriction

Cancellation is the term used in r.97, LRR 2003 to refer to an application to cancel a restriction that is no longer required.

Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.

Where the application to remove the restriction is made by or with the consent of the people having the benefit of the restriction, application should be made to withdraw the restriction using form RX4 unless it is one of those restrictions referred to in section 4.7.3 Applications to withdraw a restriction, which cannot be withdrawn.

We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before cancelling the restriction.

4.7.3 Applications to withdraw a restriction

Withdrawal of a restriction is the term used in s.47, LRA 2002 and r.98, LRR 2003. R.98(1) and (2), LRR 2003 requires an application for the withdrawal of a restriction to be accompanied by ‘the required consent’. If we are satisfied the required consent has been given we will remove the entry without investigating whether the restriction continues to serve any purpose.

The application must be made in form RX4; no fee is payable.

Restrictions of the following types cannot be withdrawn (r.98(3), LRR 2003).

  • Those entered to prevent an unlawful or invalid disposition by a proprietor whose powers are limited by statute or under the general law.

  • Those entered as a result of an application by someone who was obliged to apply under r.94, LRR 2003.

  • Any that the registrar is obliged to enter.

  • Those entered to reflect a limitation in an order of the court or the registrar or a limitation in an undertaking given in place of an order.

  • Any that the court has ordered the registrar to enter.

If one of these restrictions has ceased to apply, application to cancel the restriction should be made as described in section 4.7.2 Applications to cancel a restriction. It should be noted that a restriction in standard Forms U, V, W, X, Y, JJ and QQ will always fall within the above list and Forms A, B and C will very often come within r.98(3), LRR 2003.

The required consent is:

  • where the restriction requires the consent of a specified person, the consent of that person

  • where the restriction requires a certificate to be given by a specified person, the consent of that person

  • where the restriction requires notice to be given to a specified person, the consent of that person

  • where the restriction requires the consent of a specified person, or alternatively a certificate to be given by a specified person, the consent of all such people

  • in any other case, the consent of all people who appear to the registrar to have an interest in the restriction.

Where the person consenting is not the same as the person referred to in the restriction, you must supply appropriate evidence of devolution of the right to consent.

However, where a restrictioner has died and the terms of the restriction do not indicate that it will end upon death, or who is to have the benefit after death, then in practice it will usually be impossible to withdraw the restriction. Application must be made for its cancellation.

The applicant must lodge all necessary consents when applying, but a conveyancer’s certificate confirming they hold the necessary consents is sufficient to comply with our requirements.

Where the application is to withdraw part of the land within an affected estate or charge from the effect of the restriction (for example in readiness for a transfer of that part), the part in question must be clearly identifiable from the application.

4.7.4 Restrictions cancelled without application

We may cancel a restriction without any application being made if it is clear that the restriction has become superfluous (paragraph 5(d) of Schedule 4, LRA 2002). The following are examples of where we might cancel a restriction automatically.

  • Where the restriction is limited in time and the relevant period has expired.

  • Where the restriction was entered in connection with the registration of a charge which has now been discharged.

  • Where the restriction was entered to protect an interest that has since been overreached by the payment of capital money arising on a registrable disposition to the proprietors who have given a valid receipt (for example Form A).

  • Where the restriction was entered in relation to a limitation on the powers of a previous proprietor.

  • Where we register a transfer under a power of sale by the proprietor of a registered charge whose powers were not affected by the restriction.

4.8 Applications to disapply or modify a restriction

4.8.1 Disapplying a restriction

Anyone who has a sufficient interest in a restriction may apply for an order that it is disapplied to enable a particular disposition or dispositions of a specified kind to be registered.

For example, a registered estate might be subject to a restriction prohibiting the registration of any transfer without the consent of a management company. If the company has been dissolved (see section 8.7 of Practice Guide 35 – Corporate insolvency) but the applicant can show that there is no reason why the transfer should not proceed, the registrar may make an order permitting the transfer to be registered. In those circumstances it might not be appropriate to cancel the restriction completely as the company might be restored to the companies’ register at a later date. In considering the application the Registrar will require evidence that the applicant has used their best endeavours to comply with the terms of the restriction.

If the restriction is disapplied, the transfer can be registered but the restriction would remain in the register.

4.8.2 Modifying a restriction

Anyone who has a sufficient interest in a restriction may apply for an order that its terms be modified. The modification might relate to a specific disposition or to dispositions of a specified class.

For example, an applicant may wish to modify the terms of the restriction so that it no longer ‘catches’ a charge. Please note, however, that we cannot accept an application to modify a restriction that extends its effect. To achieve this, the restrictioner must first apply in form RX4 to withdraw it and then in form RX1 for a new restriction.

The Registrar’s power to make an order is discretionary and, in general terms, will only be used when it is not practicable for the restriction to be withdrawn and a new restriction entered or for the register to be altered under Schedule 4, LRA 2002.

Where a restriction is withdrawn and replaced by a new restriction, remember that a restriction that is worded to catch dispositions by the proprietor of any registered charge will not apply to a charge that was registered before that entry of that restriction. Where the existing restriction to be withdrawn applies to dispositions by the proprietor of any registered charge and a charge has been registered since the entry of the restriction, you should consider whether you also need to apply for an additional restriction against the charge concerned. For instance if a Form L restriction is being withdrawn and re-entered, entry of a Form S restriction may also be required.

Where a restriction is to be updated, to reflect for example a change of name or of address, application for alteration of the register should be made on form AP1.

4.8.3 The application

An application to disapply or modify a restriction must be made in form RX2. The application must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order.

The applicant must:

  • state whether the application is to disapply or to modify the restriction

  • explain their interest and why it is sufficient to make the application

  • state why the applicant considers that the registrar should make the order

  • give details of the disposition or kind of dispositions that will be affected by the order. If the application is to modify the restriction, give details of the modification requested.

The application may be made before, or at the same time as, an application to register the disposition that is caught by the restriction.

When considering whether or not to make the order, the registrar will additionally consider any available evidence to clarify what purpose the restriction still serves. The registrar may ask for further evidence from the applicant and may serve appropriate notices.

5 Applying for a notice or restriction without reasonable cause

Neither a notice nor a restriction guarantees the validity of the interest that it seeks to protect and the LRA 2002 does not provide any right to an indemnity from the registrar against loss suffered because of an entry that has been made.

However, the relevant proprietor may nevertheless suffer loss. Others may also be prejudiced, for example the proprietor of a registered charge where the entry has been made against the charged estate.

S.77, LRA 2002 establishes a right of action for breach of statutory duty against anyone who applies for a notice or restriction without reasonable cause. The right is in favour of any person who suffers damage as a consequence.

6 Transitional provisions

6.1 The entries for protecting third party interests under the LRA 1925

Under the LRA 1925 there were four mechanisms in which third party interests could be protected in the register. These were:

  • notices

  • restrictions

  • inhibitions

  • cautions against dealings.

These entries continue to have effect under the provisions of the LRA 2002 with certain amendments.

6.2 Notices entered under the LRA 1925

Notices in respect of the burden of interests affecting a registered estate or charge are treated for the purposes of the LRA 2002 as if they had been entered as agreed notices (paragraph 2(1) of Schedule 12, LRA 2002).

6.3 Restrictions entered under the LRA 1925

The provisions of the LRA 2002 generally apply to restrictions entered under the LRA 1925 in the same way as they apply to restrictions entered subsequently (paragraph 2(2) of Schedule 12, LRA 2002).

However, the registrar will interpret a restriction entered under the LRA 1925 to preserve its effect. Paragraph 1 of Schedule 12, LRA 2002 provides that the repeal of the LRA 1925 will not affect the validity of any entry made in the register. For example the registrar will not interpret a restriction entered under the LRA 1925 that states: “no disposition shall be registered or noted ———” as preventing the entry of a unilateral notice. This is because the restriction would not have prevented the entry of a caution against dealings under the LRA 1925 and interests that previously would have been protected by caution will often be protected by unilateral notice under provisions of the LRA 2002.

Similar interpretation will apply to an application to discharge a registered charge. This is not a ‘disposition’ and is not caught by a ‘no disposition’ restriction.

6.4 Inhibitions

The provisions of the LRA 2002 that relate to restrictions also apply to inhibitions in the register. Inhibitions are entries that prohibit dispositions from being entered in the register and therefore are treated as restrictions for the purposes of the LRA 2002 (paragraph 2(2) of Schedule 12, LRA 2002).

6.5 Cautions against dealings

6.5.1 The nature of a caution against dealings

A caution against dealings is an entry in the register in respect of a claim to an interest in a registered estate or charge. Although no new cautions against dealings can be created after 13 October 2003, existing cautions will continue to have effect.

The general effect of the LRA 2002 is to preserve the nature and effect of existing cautions against dealings. This is achieved by providing that ss.55 and 56, LRA 1925 continue to have effect in relation to existing cautions (paragraph 2(3) of Schedule 12, LRA 2002). Rr.218 to 223, LRR 2003 make similar provisions for how cautions procedures will have effect to those in the Land Registration Rules 1925.

A caution does not confer any priority on the interest that it protects. However, the person claiming the interest, ‘the cautioner’, is identified in the entry and is entitled to be notified before any entry is made in the register that might prejudice their interest, thus giving them opportunity to object to the entry.

Cautions offer an unstable form of protection because they are liable to be cancelled whenever a dealing by the proprietor or a registrable disposition is entered in the register. As with unilateral notices, cautions are also vulnerable to the relevant proprietor applying to cancel the caution and requiring the cautioner to prove their claim.

6.5.2 Notice served on the cautioner

The registrar will serve a notice on the cautioner:

  • before approving any application to process a registrable disposition which is not accompanied by the cautioner’s consent

  • before approving any application to make any entry in the register in respect of a dealing by the relevant proprietor which is not accompanied by the cautioner’s consent, or

  • where the relevant proprietor (or someone who is entitled to be registered as such) applies for cancellation of the caution.

An application by the relevant proprietor to cancel the caution must be made on form CCD. No fee is payable.

The notification will give the cautioner a set period (initially 15 business days) within which to respond. The caution will then be cancelled unless the registrar makes an order to the contrary.

6.5.3 Options open to the cautioner

If the cautioner wishes the registrar to make an order permitting the caution to remain in the register they may:

  • object to the application by lodging a statement showing a fairly arguable case for the registrar not to give effect to the application that generated the notice. The grounds of their objection might be that the application is defective in some way or that, even though the application appears to be in order, it would have the effect of postponing the priority of their interest, or

  • consent to the application proceeding but request that their caution be entitled to remain in the register.

The second option would only be available if the effect of the application would not wholly defeat the cautioner’s interest. Where, for example, the application is to register a transfer for value that would postpone the cautioner’s priority, or is for cancellation of the caution itself, the caution will not be allowed to remain.

A dispute about whether the application should proceed would be referred to the tribunal if it could not be resolved by agreement (see Practice Guide 37 – Objections and disputes for more information).

6.5.4 Withdrawal of a caution

The cautioner or their personal representative may apply at any time to cancel a caution against dealings.

The application must be made in form WCT. No fee is payable.

A cautioner is not permitted to apply for a notice or a restriction in respect of the claim they have protected by caution unless they also apply to withdraw the caution (paragraph 17 of Schedule 12, LRA 2002).

7 Enquiries and comments

If you have a particular concern that is not covered by this guide, please contact Land Registry in advance of the transaction – see Contact details. If the transaction is particularly complex, it may be better if you make your enquiry in writing at the Land Registry office that will process your application.

If you have any comments or suggestions about our guides, please send them to:

Central Operations Group
Land Registry
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ

(DX 8888 Croydon 3)

You can obtain further copies of this and all our guides free of charge from Customer Support (see Contact details) or you can download them from our website.

8 Appendix A – Some possible means of protection for common third party interests

8.1 Charging orders

An interim or final charging order that charges the legal estate may be protected by the entry of a notice in the register. A charging order that charges a beneficial interest under a trust of land cannot be protected by way of notice but can be protected by the entry of a Form K restriction. Practice Guide 76 – Charging orders contains detailed guidance on the points to take into account when considering whether a charging order imposes a charge on the legal estate or on a beneficial interest.

An application to the court for a charging order on the legal estate is a pending land action and so is capable of protection by entry of a notice – see section 8.13 Pending land actions. An application to the court for a charging order in respect only of a beneficial interest under a trust cannot be protected by notice or restriction, as the application to the court relates to a beneficial interest under a trust and not to the legal estate.

8.2 Bankruptcy

Where a petition in bankruptcy is filed in the court against a sole registered proprietor, a bankruptcy notice is entered in the register. Once the bankruptcy order has been made against a sole registered proprietor, a bankruptcy restriction is entered in the register.

Where one or more of joint registered proprietors is subject to a petition in bankruptcy or bankruptcy order, neither a bankruptcy notice nor a bankruptcy restriction will be entered. However, the trustee in bankruptcy may apply in form RX1 for a Form J restriction once the bankruptcy order has been made. The application should be accompanied by a certified copy of the bankruptcy order and evidence of the trustee in bankruptcy’s appointment.

The trustee in bankruptcy may apply at the same time and in the same form RX1 for a restriction in Form A, provided a Form A restriction has not already been entered in the register.

8.3 Contract for sale

A contract for sale may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice, you must lodge form AN1 and the contract, or a certified copy of it, and the consent of the registered proprietor, if available. If you are applying for a unilateral notice you must lodge form UN1, completed with either a statement or conveyancer’s certificate setting out details of the contract, including the date of the contract and the parties.

In the case of a sub-sale, you must also lodge certified copies of both contracts if an agreed notice is sought. If a unilateral notice is applied for you must provide details of both contracts, as above, and establish the link between the registered proprietor and the applicant.

If the contract expressly limits the registered proprietor’s powers to make any disposition of the property you may also be able to apply in form RX1 for a restriction to prevent a breach of this provision. The application would normally be for a restriction in Form L referring to the relevant provision of the contract. In the absence of the registered proprietor’s consent, you must lodge a certified copy of the contract and complete the statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13. Give details of the contract and identify the provision in the contract limiting the registered proprietor’s ability to make any disposition.

8.4 Beneficiaries under a trust of land

An interest under a trust of land can only be protected by a restriction. A beneficiary under a trust of land should generally apply for a restriction in Form A, if a restriction in Form A has not already been entered in the register. A Form A restriction ensures that any capital money must be paid to two trustees or a trust corporation. The application must be accompanied by a certified copy of the trust deed evidencing the applicant beneficiary’s interest under the trust of land (do not send the original; see section 2.4 Retention of documents lodged with applications). The statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13 must be complet\zed, setting out how the beneficiary’s interest under the trust of land has arisen.

A consent restriction in Form N will not normally be appropriate as this would give the beneficiary a right they are not entitled to and could result, in practice, in thwarting the clear intention of ss.42(1)(b) and 44(1) LRA 2002 and ss.2 and 27, LPA 1925 that overreaching should take place. However, such an application for a Form N restriction in addition to a Form A restriction might be made, for example, by a beneficiary whose specific consent is required in the trust deed to any disposition by the trustees. Such a restriction may also, of course, be entered if the registered proprietors apply for or consent to such a restriction.

The position is similar where the beneficiary’s interest under a trust of land arises under an implied, resulting or constructive trust rather than by deed. The interest may only be protected by restriction, not notice, and again the form RX1 application should generally be for a restriction in Form A. The statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13 must set out how the beneficiary’s interest under the implied, resulting or constructive trust of land has arisen.

A beneficiary under a trust of land may, however, wish to apply for an additional form of restriction and will be able to do so in certain circumstances. For example, a beneficiary under a constructive trust claiming that the registered proprietors hold on a trust of land for the beneficiary and for themselves may apply for a restriction in Form II.

The application should be in made in form RX1 and the statement in panel 12 or conveyancer’s certificate in panel 13 must set out how the beneficiary’s interest under the trust of land has arisen. Note that payment of capital money to two trustees or a trust corporation will still overreach the beneficiary’s interest under the trust of land and a restriction in this form will not prevent overreaching.

Special provision is made under the LRR 2003 where the beneficiary’s interest under a trust of land arises from a charging order on a beneficial interest, a trustee in bankruptcy has a beneficial interest in a registered estate held under a trust of land. See section 4.4.4 Interests under trusts, section 8.1 Charging orders and section 8.2 Bankruptcy.

8.5 Home rights

Home rights may only be protected by agreed notice (r. 80(a), LRR 2003). You must apply in form HR1. Where the application is made after the court has made an order under section 33(5) of the Family Law Act 1996, you must enclose an office copy of the order or a conveyancer’s certificate confirming they hold such an order.

Where the court has made an order under section 33(5) of the Family Law Act 1996, an application for renewal of registration in respect of matrimonial home rights must be made in form HR2. You must enclose an office copy of the order or a conveyancer’s certificate confirming they hold such an order.

8.6 Option agreements and rights of pre-emption

An option to purchase or a right of pre-emption may be protected by agreed notice or unilateral notice, as may an option to renew a lease. If you are applying for an agreed notice you must lodge form AN1 and the deed creating the option or right of pre-emption, or a certified copy of it. You should also enclose the consent of the registered proprietor, where available. If you are applying for a unilateral notice you must lodge form UN1, completed with either a statement or a conveyancer’s certificate setting out the details of the agreement, including the date of the agreement and the parties.

If the agreement expressly limits the registered proprietor’s powers to make a disposition you may also be able to apply in form RX1 for the entry of a restriction to prevent a breach of this provision. The application would normally be for a restriction in Form L referring to the relevant provision of the agreement. In the absence of the registered proprietor’s consent to the entry of the restriction, you must lodge a certified copy of the deed creating the option or right of pre-emption, and complete the statement in panel 12 or conveyancer’s certificate in panel 13. Give details of the agreement, including the date of the contract and the parties, and identify the provision in the contract limiting the registered proprietor’s ability to make any disposition.

If application is made by or with the consent of the registered proprietor there is no requirement to provide a copy of the agreement. If however a copy is lodged with the application it will be retained and will normally available as a publicly accessible document19. This may assist with future compliance with the terms of the restriction.

19 S.66, LRA 2002 and r.135, LRR 2003.

8.7 Equitable charges

An equitable charge against the legal estate may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and the equitable charge or a certified copy of it. If you are applying for a unilateral notice you must lodge form UN1 setting out in a statement on panel 12 or a conveyancer’s certificate in panel 13 details of the charge, including the date of the charge and the parties.

An equitable charge over a beneficial interest cannot be protected by notice. A person having the benefit of such an equitable charge should apply for a restriction in Form A, provided a restriction in Form A has not already been entered in the register. The application should be made in form RX1 and be accompanied by a certified copy of the equitable charge over the beneficial interest. A Form A restriction ensures that any capital money must be paid to two trustees.

If a restriction in Form A is already entered in the register, then no further restriction is required and no further restriction may be entered.

Special provision is made in respect of charging orders on a beneficial interest. See section 8.1 Charging orders.

8.8 Protection of charges in the register when a restriction prevents registration

A prior restriction may require the consent of a specified person, for example a registered chargee, before any disposition by a registered proprietor may be registered. If the necessary consent cannot be obtained and the restriction complied with, a person who has taken a further charge will be unable to register that charge substantively. The charge may, however, be protected by agreed or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and the charge or a certified copy of it. If you are applying for a unilateral notice you must lodge form UN1 setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the charge, including the date of the charge and the parties.

Note that many charges contain an application for a restriction that follows the lines of the standard Form P restriction and call for the consent of the proprietor of the charge. This type of restriction cannot be entered when the charge is not substantively registered. This is because there will be no proprietor of a registered charge. So, if a charge is not substantively registered and an application is made to note the charge instead, a separate application must be made in form RX1 for an appropriate form of restriction; this will generally be for a restriction in standard Form N. The consent of the borrowers to the form of restriction applied for should accompany the application.

8.9 Freezing orders

Any person who has applied for a freezing order may apply in form RX1 for the entry of a restriction in Form CC or DD, depending on whether the restriction is to prevent dispositions of the registered estate or a registered charge. The application must be accompanied by a certified copy of the application to the court for the freezing order.

Once granted, the freezing order may be protected by restriction. Apply in form RX1 for a restriction in Form AA or BB, depending on whether the restriction is to prevent dispositions of the registered estate or a registered charge. The application must be accompanied by a certified copy of the freezing order.

8.10 Individual voluntary arrangements (IVA)

If the debtor is the sole proprietor of the registered estate which they hold for their own benefit, application may be made for an agreed notice or unilateral notice if the IVA contains an equitable charge, a contract for sale, option or right of pre-emption in favour of the supervisor affecting the registered estate. An application for an agreed notice must be in form AN1 and be accompanied by a certified copy of the IVA. The consent of the registered proprietor, where available, should also be provided. Applications for a unilateral notice must be in form UN1 setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the IVA, including the date of the agreement, the debtor’s name and details of the provisions in the IVA relating to the registered estate claimed to give the supervisor an interest in the registered estate or charge.

If the debtor has a beneficial interest under a trust of land of a registered estate and the IVA creates an equitable charge, a contract for sale, option or right of pre-emption in favour of the supervisor or if the effect of the IVA is to create a trust either expressly or the property is stated to be held for the benefit of the creditors the interest cannot be protected in the register by entry of an agreed or unilateral notice affecting that interest. The method of protecting an interest under a trust of land is by way of restriction.

Any application for a restriction must be made in form RX1 and (other than an application made by or with the consent of all the registered proprietors) must be accompanied by a certified copy of the IVA to show that the registered estate is subject to the trust and that the supervisor has a sufficient interest in the entry of the restriction sought.

If the debtor is a sole registered proprietor who was holding the property on trust for their own benefit before the IVA and is holding the property on trust for the creditors under the voluntary arrangement, an application may be made for a restriction in Form A or Form II.

If the IVA contains a provision that the debtor will not transfer, charge or otherwise deal with the property without the consent of the supervisor then, in addition to a Form A restriction, if applied for, application may also be made for a restriction in Form N, Form NN or Form L. In other circumstances where a restriction is required the consent of the registered proprietor to the entry of a restriction should be provided in form RX1 or a conveyancer’s certificate given that such consent is held.

Where the property is held by joint registered proprietors (one of whom may be the debtor) on trust for the debtor and others before the IVA, an application may be made for the entry of a restriction in Form A, provided a Form A restriction has not already been entered in the register if the IVA contains a charge or assignment of the debtor’s beneficial interest, or creates a trust in favour of the supervisor.

The supervisor may also apply for a restriction in Form II if the IVA contains an assignment of a debtor’s beneficial interest because the trust interest will be owned by the supervisor and not by the debtor, or if the debtor holds their beneficial share on a bare trust for the supervisor.

If the interest is held on trust by the debtor for the creditors or charged to the supervisor, no form of restriction other than in Form A (provided it is not already entered) can be applied for unless all the registered proprietors consent to the restriction. This is because the interest of the supervisor or creditors will be derivative.

Application for any other form of restriction will not be possible without the consent of all the registered proprietors.

8.11 Proprietary estoppel interests

A claimed equity by estoppel may be protected by notice from the time when the equity is claimed to have arisen. The application must be made in form UN1 for a unilateral notice unless the facts claimed to give rise to the interest are unequivocal, when application may be made for an agreed notice in form AN1. A form UN1 application must set out in a statement in panel 12 or a conveyancer’s certificate in panel 13 the facts claimed to have given rise to the proprietary estoppel, including the name of the proprietor of the registered estate against whom the equity is claimed to have arisen.

8.12 Restrictive covenants in leases

Notice cannot be entered in the register in respect of a covenant that relates to the demised premises. On registration of a person as proprietor of a leasehold estate, that estate is vested in them with all interests subsisting for the benefit of the estate but subject to all liabilities and obligations, including covenants, incident to that estate. However, where a covenant in a lease does not relate to the demised premises it may be protected by the entry of an agreed notice or unilateral notice in respect of the affected estate. An application for an agreed notice must be in form AN1 and be accompanied by a certified copy of the lease containing the restrictive covenant. The consent of the registered proprietor, if available, should be provided. An application for a unilateral notice must be in form UN1 setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the covenant and the lease in which it is contained, including the date of the lease and the parties. Confirmation should be given that the covenant does not relate to the demised premises.

8.13 Pending land actions

A pending land action is an action or proceeding in court relating to land or any interest in or charge on land. An action that relates to an undivided share under a trust of land is not a pending land action.

A pending land action may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and the sealed claim form and notice of issue. If you are applying for a unilateral notice you must lodge form UN1 setting out in a statement in panel 11 or a conveyancer’s certificate in panel 12 details of the pending land action, including particulars of the court, confirmation that the action is a pending land action, the full court reference and the parties.

A pending land action may sometimes be protected by restriction, in which case you must apply in form RX1. The form of the restriction will depend on the nature of the claim made in the pending land action. The application should be accompanied by a certified copy of the claim form and notice of issue. The statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13 must be completed, setting out details of the pending land action as for a unilateral notice. Generally, however, application to protect a pending land action should be by way of notice.

8.14 Writs or orders affecting land

Any writ or order affecting land, or made for the purpose of enforcing a judgement, may be protected by agreed notice or unilateral notice. A writ or order that relates to an undivided share under a trust of land is not an interest affecting land for this purpose. If you are applying for an agreed notice you must lodge form AN1 and the writ or order or a certified copy. If you are applying for a unilateral notice you must lodge form UN1, completed with either a statement or conveyancer’s certificate setting out details of the writ or order, including particulars of the court, the date of the order, the full court reference and the parties.

Such a writ or order may also be protected by restriction, in which case you must apply in form RX1. The form of the restriction will depend on the nature of the writ or order. R.93, LRR 2003 details the form of restriction to which people holding the benefit of certain orders will be entitled.

Where the order has the effect of creating a trust of land the interest cannot be protected by the entry of a notice. Generally, you may apply in form RX1 for a Form A restriction if one has not already been entered in the register. A Form A restriction ensures that any capital money must be paid to two trustees or a trust corporation. The statement in panel 12 of form RX1 or conveyancer’s certificate in panel 13 must be completed, setting out details of the order.

A beneficiary under a trust of land created by such a writ or order may, however, wish to apply for an additional form of restriction and will be able to do so in certain circumstances. For example, if the effect of the order is that the registered proprietors hold on trust of land for the beneficiary and for themselves, the beneficiary may apply for a restriction in Form II.

An application for such a restriction must be in form RX1 and should be accompanied by a certified copy of the writ or order. The statement in panel 12 or conveyancer’s certificate in panel 13 must be completed, setting out how the beneficiary’s interest under the trust of land has arisen through the writ or order made.

Note that payment of capital money to two trustees or a trust corporation will still overreach the beneficiary’s interest under the trust of land and a restriction in Form II will not prevent overreaching.

8.15 Partnerships

Entry of a restriction in Form A is obligatory on the registration of the estate in the names of the partners, as the beneficial interests will be held under a tenancy in common.

The partners may additionally wish to apply in form RX1 for the entry of a restriction in Form Q. The consent of the registered proprietors to the entry of the restriction should be provided in form RX1 or a conveyancer’s certificate given that such consent is held.

8.16 Overage

An overage agreement (or agreement to pay further consideration) may be secured by a legal or equitable charge.

If it is a term of the agreement that the registered proprietor's powers to make the disposition will be limited you may also or alternatively apply in form RX1 for the entry of a restriction to prevent a breach of this term. Unless the registered proprietor has consented to the entry of the restriction, the application must be accompanied by a certified copy of the overage agreement. The statement in panel 12 or form RX1 or conveyancer’s certificate in panel 13 must be completed. Give details of the agreement and identify the provision in the agreement limiting the registered proprietor’s ability to make any disposition. Some overage agreements impose an express obligation on a party to apply for a standard form restriction, the terms of which are set out in the agreement.

8.17 Vendor’s lien

A vendor’s lien is an interest arising when a binding contract for the sale of land is made. As the interest affects the estate before the transfer is made, it must be protected before the transfer is registered if the purchaser is not to take free. A vendor’s lien may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and the contract or a certified copy of it. If you are applying for a unilateral notice you must lodge form UN1 setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the contract, including the date of the contract and the parties and confirming that the vendor has the benefit of a lien arising from that contract.

8.18 Property adjustment orders

An application for a property adjustment order affecting the legal estate is a pending land action and may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and a copy of the petition or answer claiming relief. If you are applying for a unilateral notice you must lodge form UN1, setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the application for the property adjustment order (including particulars of the court, the full court reference, the fact that the petitioner is applying for a property adjustment order under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and the parties).

An application for a property adjustment order which does not affect the legal estate is not a pending land action and cannot be protected by notice. An example would be an application for an order merely in respect of a beneficial interest held by the other spouse or civil partner under a trust of land – in other words, where there is no dispute as to the existence of the trust, merely as to who benefits from it. By contrast, an application where the existence of the trust is in dispute (for example, an application for a declaration that a sole proprietor holds on an implied trust), or an application for the appointment of a trustee, is arguably a pending land action and so may be protected by notice19.

19 See Godfrey v Torpey and others [2006] EWHC 1423 (Ch) (a claim for a declaration that a property registered in the sole name of company A was held by it as nominee for B was a pending land action).

Once the court has made a final order, there will no longer be a pending action. A property adjustment order affecting the legal estate may be protected by agreed notice or unilateral notice, though in most cases it will be more appropriate to complete and register a disposition giving effect to its terms. If you are applying for an agreed notice you must lodge form AN1 and the order or a certified copy. If you are applying for a unilateral notice you must lodge form UN1 and include a statutory declaration or conveyancer’s certificate setting out details of the order, including particulars of the court, the date of the order, the nature of the order made, the full court reference and the parties.

A property adjustment order that has the effect merely either of creating a trust of land, or of declaring the beneficial interests under a trust, cannot be noted. Such an order may be protected by restriction, where appropriate, in which case the application must be made in form RX1. The form of the restriction will depend upon the nature of the order.

Where the order has the effect of creating a trust, or of severing an existing beneficial joint tenancy, application should generally be made for a restriction in Form A, if a restriction in Form A has not already been entered in the register. The application must be in form RX1. A Form A restriction ensures that any capital money must be paid to two trustees or a trust corporation. The application must be accompanied by a certified copy of the order. The statement in panel 12 or conveyancer’s certificate in panel 13 must also be completed, setting out details of the order.

8.19 Severance

Where a registered estate in land is transferred to two or more persons, then, unless the transferees declare on application for registration that they are holding the property on trust for themselves as beneficial joint tenants, the registrar will enter a restriction in Form A.

Where a beneficial joint tenancy is severed, a proprietor of a registered estate must apply in form SEV or form RX1 for a restriction in Form A. Unless all the registered proprietors have signed the SEV or RX1, or all the registered proprietors are listed on the form as the applicants, or the consent of all the registered proprietors is given in form RX1, evidence of severance will be required. If evidence of severance is required, the application should be accompanied by either a certified copy of a deed of declaration stating the intention to sever the joint tenancy and hold as tenants in common or the notice of severance served under s.36(2), LPA 1925, bearing a signed acknowledgement of receipt by the addressee. If the addressee’s acknowledgement of receipt cannot be produced, the statement in panel 12 or conveyancer’s certificate in panel 13 of form RX1, or the appropriate statement in panel 7 of form SEV, should be completed to confirm that notice was given in accordance with s.36(2), LPA 1925 to the other joint tenant(s). Alternatively, a conveyancer may certify that they hold evidence of entitlement to apply for the restriction.

Form SEV has been introduced in response to requests from our customers for a simple application form for a Form A restriction following the most usual types of severance of a beneficial joint tenancy. Form SEV can only be used where there has been a severance of a beneficial joint tenancy either by agreement between the proprietors or by the service of notice by one of the proprietors on the others. If a Form A restriction is required in other circumstances (including where severance has occurred in a different way such as on the bankruptcy of a joint proprietor) you must apply using form RX1.

8.20 Agreement for lease

An agreement for lease may be protected by agreed notice or unilateral notice. If you are applying for an agreed notice you must lodge form AN1 and the agreement or a certified copy of it, together with the consent of the registered proprietor where available. If you are applying for a unilateral notice you must lodge form UN1 and a statutory declaration or conveyancer’s certificate setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the agreement, including the date of the contract and the parties.

If the agreement for lease limits the registered proprietor’s powers to make a disposition, you may also be able to apply in form RX1 for a restriction to prevent a breach of this provision. The application would normally be for a restriction in Form L referring to the relevant provision of the agreement. Unless the registered proprietor has consented to the entry of the restriction, the application must be accompanied by a certified copy of the agreement. The statement in panel 12 or form RX1 or conveyancer’s certificate in panel 13 must be completed, setting out details of the contract and of the provision in the contract limiting the registered proprietor’s ability to make any disposition.

8.21 Prevention of fraud

Where it is believed that there may be an attempted fraudulent disposition, application may be made for entry of a restriction in Form LL. This provides protection against forgery by requiring a conveyancer to certify that they are satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

Where application is not made by or with the consent of either a sole registered proprietor or one of two or more registered proprietors, evidence should be lodged as to the applicant’s entitlement to apply under s.43(c), LRA 2002.

Where application to enter the restriction is made by one of two or more registered proprietors, notice of the application will be served on the other proprietor(s). See section 4.4.5 Notifiable applications..

8.22 Charges under section 22 of the Health and Social Services and Social Security Adjudications Act 1983 (‘the 1983 Act’)

A local authority which has provided a person (‘the resident’) with ‘Part III accommodation’ (broadly speaking, accommodation in a care home) may recover charges assessed as due for it by creating a charge under s.22 of the 1983 Act on the interest which the resident holds in any one parcel of land. It does so by making a written declaration to that effect.

Where the resident is the sole beneficial owner of the property charged, the charge will take effect as a charge of the legal estate and, where the estate is registered, may be registered as a registered charge, or noted under s.32, LRA 2002. If you are applying for an agreed notice you must lodge form AN1 and the declaration of charge or a certified copy of it. Additionally a statement, either in the charge itself or in an accompanying letter, that the authority has made no declaration in relation to any other parcel of land in which the resident has a beneficial interest should be provided. If you are applying for a unilateral notice you must lodge form UN1 setting out in a statement in panel 12 or a conveyancer’s certificate in panel 13 details of the charge, including the date, the name of the person whose interest is charged, the property charged and confirmation that no declaration has been made in respect of other land.

Where the resident is a joint owner, the charge affects only his or her beneficial interest, not the registered legal estate.

A charge on the beneficial interest of an equitable tenant in common is a derivative interest – see section 4.4.4 Interests under trusts for an explanation of this. For the reasons explained in that section, the only restriction that the local authority can apply for in this case is a restriction in Form A to secure that the interest is overreached. If (as will usually be the case where the proprietors are beneficial tenants in common) there is already a Form A restriction in the register, the local authority’s interest is already protected and no further application seems to be possible.

Where the resident is an equitable joint tenant, ss.22(5) and 22(6) of the 1983 Act make specific provision as to what happens. Normally, a charge on the beneficial interest of one joint tenant would automatically sever the joint tenancy. However, s.22(5) provides that the joint tenancy is not severed, but the charge will be for an amount not exceeding the value of the interest which the resident would enjoy if the tenancy were severed. S.22(6) explains what happens when the resident dies. The interest of the surviving joint tenant or tenants becomes subject to a charge for an amount not exceeding the amount of the charge on the resident’s former interest.

Where it takes a charge under s.22 of the 1983 Act on the interest of a beneficial joint tenant, therefore, a local authority may apply for a restriction in Form MM. The restriction only affects dispositions made after the resident has died or has become a sole proprietor. Before then, joint proprietors can freely dispose of the property, overreaching the beneficial interests, including the local authority’s charge. The restriction allows for three possibilities.

  • If there is more than one surviving joint proprietor on the death of the resident, they can overreach the local authority’s interest in the usual way.
  • If there is a sole surviving proprietor, the charge would now appear to attach to the legal estate vested in that proprietor, so that it can be noted or registered.
  • It may be possible to show that no charge under section 22 is subsisting.

Application for a restriction should be made in form RX1. The application must be accompanied by a certified copy of the declaration of charge. The statement in panel 12 or form RX1 or conveyancer’s certificate in panel 13 must be completed, setting out details of the charge. It should be confirmed that no such declaration has been made in respect of the resident’s interest in any other parcel of land.

8.23 Landlords and management companies

An agreement with a landlord or management company, whether in a lease, deed of covenant, transfer or otherwise, which expressly limits the registered proprietor’s powers to make a disposition may be reflected by entry of a restriction. However, in view of the possible inconvenience and expense that may be caused to both parties in complying with it, careful consideration should always be given to whether a restriction is really required. Application for the restriction may be made in form RX1. Where the restriction is in respect of covenants contained in a lease, application may be made in clause LR13 of a prescribed clauses lease.

Where application is made without the registered proprietor’s consent for entry of a restriction in respect of a provision in a lease prohibiting or restricting alienation, the registrar will accept an application for entry of a restriction which requires a certificate of compliance with the provision only if this can be given by “a conveyancer” or “the applicant for registration [or their conveyancer]”. And the registrar will accept an application for entry of a restriction which requires a consent only if, as an alternative, a certificate of compliance with the relevant provision may be given by “a conveyancer” or “the applicant for registration [or their conveyancer]”. Otherwise the restriction would not appear to be desirable as it would give the restrictioner a degree of control over dispositions in excess of that given by the general law. In particular, an assignment of a lease without the lessor’s consent in breach of a covenant contained in the lease is effective, albeit that the lease may then be liable to determination by forfeiture by the lessor.

Form PP may provide for a certificate by the proprietor of the reversionary title that the provisions of a lease have been complied with when registering a disposition of the leasehold title.  Alternatively it may allow for a certificate by the proprietor of a specified title number or a named person, and in this form can be used, for example, by management companies in freehold as well as leasehold developments. A certificate by a conveyancer (who may be the transferee’s conveyancer) can always be given instead of the certificate by the proprietor or person named in the restriction; this removes the delay and expense, and the inconvenience to both parties, of obtaining the certificate from the landlord or managing agent.

    9 Appendix B Schedule of relevant application forms

    Form reference

    Application

    AN1

    Application to enter an agreed notice

    CN1

    Application to cancel a notice (other than a unilateral notice)

    UN1

    Application to enter a unilateral notice

    UN2

    Application to remove a unilateral notice

    UN3

    Application to be registered as beneficiary of an existing unilateral notice

    UN4

    Application for the cancellation of a unilateral notice

    RX1

    Application to enter a restriction

    RX2

    Application for an order that a restriction be disapplied or modified

    RX3

    Application to cancel a restriction

    RX4

    Application to withdraw a restriction

    SEV

    Application to enter Form A restriction on severance of joint tenancy by agreement or notice

    WCT

    Application to withdraw a caution

    CCD

    Application to cancel a caution against dealings

    AP1

    Application to change the register (general application form for use where there is no other prescribed form)

    HR1 – HR4

    These forms must be used for applications relating to notices in respect of home rights. Please refer to Practice Guide 20 – Applications under the Family Law Act 1996

    10 Appendix C – Standard form restrictions

    In the standard form restrictions:

    • words in [square brackets] in ordinary type are optional parts of the form; the brackets are not to be included in the restriction
    • words in [square brackets] in italic type are instructions for completion of the form, and are not to be included in the restriction
    • where (round brackets) enclose one or more words, the brackets and all words in ordinary type enclosed in them are part of the form and, unless also enclosed in [square brackets], must be included in the restriction, and
    • where a form contains a group of clauses introduced by bullets, only one of the clauses may be used; the bullets are not to be included in the restriction.

    R.91A, LRR 2003 contains other permitted modifications of some forms (see section 4.3.1 Standard form restrictions). In particular:

    • a restriction in standard Form L, M, N, O, P, S, T, II, NN, OO or PP may commence with the word ‘Until’ followed by a date, and a restriction in standard Form L, N, S, T, NN or OO may commence with the words ‘Until the death of [name]’ or ‘Until the death of the survivor of [names of two or more persons]’
    • where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words ‘in favour of’ followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.

    R.91B, LRR 2003 contains provisions as to how a consent or certificate, required by the terms of a restriction to be given by a corporation aggregate, is to be signed on its behalf.

    Form A (Restriction on dispositions by sole proprietor)

    No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    Form B (Dispositions by trustees – certificate required)

    No [disposition or specify type of disposition] by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the [disposition or specify type of disposition] is in accordance with [specify the disposition creating the trust] or some variation thereof referred to in the declaration, statement or certificate.

    Form C (Dispositions by personal representatives – certificate required)

    No disposition by the personal representative of [name] deceased, other than a transfer by way of assent, is to be registered unless such personal representative makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the terms of

    [choose whichever bulleted clause is appropriate]

    • the will of the deceased [as varied by [specify date of, and parties to, deed of variation or other appropriate details]]
    • the law relating to intestacy as varied by [specify date of, and parties to, deed of variation or other appropriate details]

    or some [further] variation thereof referred to in the declaration, statement or certificate, or is necessary for the purposes of administration.

    Form D (Parsonage, diocesan glebe, church or churchyard land)

    No disposition of the registered estate is to be registered unless made in accordance with

    [choose whichever bulleted clause is appropriate]

    • [in the case of parsonage land] the Parsonages Measure 1938
    • [in the case of church or churchyard land] the New Parishes Measure 1943
    • [in the case of diocesan glebe land] the Endowments and Glebe Measure 1976

    or some other Measure or authority.

    Form E (Non-exempt charity – certificate required)

    No disposition by the proprietor of the registered estate to which section 117-121 or section 124 of the Charities Act 2011 applies is to be registered unless the instrument contains a certificate complying with section 122(3) or section 125(2) of that Act as appropriate.

    Form F (Land vested in official custodian on trust for non-exempt charity – authority required)

    No disposition executed by the trustees of [name of charity] in the name and on behalf of the proprietor is to be registered unless the transaction is authorised by an order of the court or of the Charity Commission, as required by section 91(4) of the Charities Act 2011.

    Form G (Tenant for life as registered proprietor of settled land, where there are trustees of the settlement)

    No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and no disposition under which capital money arises is to be registered unless the money is paid to [name] of [address] and [name] of [address], (the trustees of the settlement, who may be a sole trust corporation or, if individuals, must number at least two but not more than four) or into court.

    [Note — If applicable under the terms of the settlement, a further provision may be added that no transfer of the mansion house [shown on an attached plan or otherwise adequately described to enable it to be fully identified on the Ordnance Survey map or title plan] is to be registered without the consent of the named trustees or an order of the court.]

    Form H (Statutory owners as trustees of the settlement and registered proprietors of settled land)

    No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and, except where the sole proprietor is a trust corporation, no disposition under which capital money arises is to be registered unless the money is paid to at least two proprietors.

    [Note — This restriction does not apply where the statutory owners are not the trustees of the settlement.]

    Form I (Tenant for life as registered proprietor of settled land – no trustees of the settlement)

    No disposition under which capital money arises, or which is not authorised by the Settled Land Act 1925 or by any extension of those statutory powers in the settlement, is to be registered.

    Form J (Trustee in bankruptcy and beneficial interest – certificate required)

    No disposition of the

    [choose whichever bulleted clause is appropriate]

    • registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction,
    • registered charge dated [date] referred to above, other than a disposition by the proprietor of any registered sub-charge of that charge registered before the entry of this restriction,

    is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of trustee in bankruptcy] (the trustee in bankruptcy of [name of bankrupt person]) at [address for service].

    Form K (Charging order affecting beneficial interest – certificate required)

    No disposition of the

    [choose whichever bulleted clause is appropriate]

    • registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction,
    • registered charge dated [date] referred to above, other than a disposition by the proprietor of any registered sub-charge of that charge registered before the entry of this restriction,

    is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] (Court reference [insert reference]).

    Form L (Disposition by registered proprietor of a registered estate or proprietor of charge – certificate required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form M (Disposition by registered proprietor of registered estate or proprietor of charge – certificate of registered proprietor of specified title number required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number [specify title number] [or [their conveyancer or specify appropriate details]] that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form N (Disposition by registered proprietor of registered estate or proprietor of charge – consent required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a written consent signed by

    [choose one of the bulleted clauses]

    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form O (Disposition by registered proprietor of registered estate or proprietor of charge – consent of registered proprietor of specified title number or certificate required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a written consent signed by the proprietor for the time being of the estate registered under title number [specify title number] [or [their conveyancer or specify appropriate details]].

    [The text of the restriction may be continued as follows, to allow for the provision of a certificate as an alternative to the consent.]

    or without a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form P (Disposition by registered proprietor of registered estate or proprietor of charge – consent of proprietor of specified charge or certificate required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a written consent signed by the proprietor for the time being of the charge dated [date] in favour of [chargee] referred to in the charges register [or [their conveyancer or specify appropriate details]].

    [The text of the restriction may be continued as follows, to allow for the provision of a certificate as an alternative to the consent.]

    or without a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form Q (Disposition by registered proprietor of registered estate or proprietor of charge – consent of personal representatives required)

    No [disposition or specify type of disposition] of the

    [choose whichever bulleted clause is appropriate]

    • registered estate by the proprietor of the registered estate
    • registered charge dated [date] referred to above by the proprietor of that registered charge

    is to be registered after the death of [name of the current proprietor(s) whose personal representatives’ consent will be required] without the written consent of the personal representatives of the deceased.

    Form R (Disposition by registered proprietor of registered estate or proprietor of charge – evidence of compliance with club rules required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered unless authorised by the rules of the [name of club] of [address] as evidenced by

    [choose whichever bulleted clause is appropriate]

    • a resolution of its members.
    • a certificate signed by its secretary or conveyancer.
    • [specify appropriate details].
    Form S (Disposition by proprietor of charge – certificate of compliance required)

    No [disposition or specify type of disposition] by the proprietor of the registered charge dated [date] referred to above is to be registered without a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]]
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]]
    • the proprietor for the time being of the sub-charge dated [date] in favour of [sub-chargee] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form T (Disposition by proprietor of charge – consent required)

    No [disposition or specify type of disposition] by the proprietor of the registered charge dated [date] referred to above is to be registered without a written consent signed by

    [choose one of the bulleted clauses]

    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]].
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]].
    • the proprietor for the time being of the sub-charge dated [date] in favour of [sub-chargee] [or [their conveyancer or specify appropriate details]].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form U (Section 37 of the Housing Act 1985)

    No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority] is given that the transfer or lease is made in accordance with section 37 of the Housing Act 1985.

    Form V (Section 157 of the Housing Act 1985)

    No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority or housing association etc] is given that the transfer or lease is made in accordance with section 157 of the Housing Act 1985.

    Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)

    No disposition (except a transfer) of a qualifying dwelling-house (except to a qualifying person or persons) is to be registered without the consent of

    (a) in relation to a disposal of land in England by a private registered provider of social housing, the Regulator of Social Housing,

    (b) in relation to any other disposal of land in England, the Secretary of State, or

    (c) in relation to a disposal of land in Wales, the Welsh Ministers,

    to that disposition under section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.

    Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)

    No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of

    (a) in relation to a disposal of land in England by a private registered provider of social housing, the Regulator of Social Housing,

    (b) in relation to any other disposal of land in England, the Secretary of State, and

    (c) in relation to a disposal of land in Wales, the Welsh Ministers,

    to that disposition under [as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989].

    Form Y (Section 13 of the Housing Act 1996)

    No transfer or lease by the proprietor of the registered estate or by the proprietor of a registered charge is to be registered unless a certificate by [specify relevant registered social landlord or private registered provider of social housing] is given that the transfer or lease is made in accordance with section 13 of the Housing Act 1996 (as modified, in the case of a private registered provider of social housing, by section 179 of the Housing and Regeneration Act 2008).

    Form AA (Freezing order on the registered estate)

    Under an order of the [name of court] made on [date] (Court reference [insert reference]) no disposition by the proprietor of the registered estate is to be registered except with the consent of [name] of [address] or under a further order of the Court.

    Form BB (Freezing order on charge)

    Under an order of the [name of court] made on [date] (Court reference [insert reference]) no disposition by the proprietor of the registered charge dated [date] referred to above is to be registered except with the consent of [name] of [address] or under a further order of the Court.

    Form CC (Application for freezing order on the registered estate)

    Pursuant to an application made on [date] to the [name of court] for a freezing order to be made under [statutory provision] no disposition by the proprietor of the registered estate is to be registered except with the consent of [name of the person applying] of [address] or under a further order of the Court.

    Form DD (Application for freezing order on charge)

    Pursuant to an application made on [date] to the [name of court] for a freezing order to be made under [statutory provision] no disposition by the proprietor of the registered charge dated [date] referred to above is to be registered except with the consent of [name of the person applying] of [address] or under a further order of the Court.

    Form EE (Restraint order or interim receiving order on the registered estate)

    Under [a restraint order or an interim receiving order] made under [statutory provision] on [date] (Court reference [insert reference]) no disposition by the proprietor of the registered estate is to be registered except with the consent of [name of prosecutor or other appropriate person] of [address] or under a further order of the Court.

    Form FF (Restraint order or interim receiving order on charge)

    Under [a restraint order or an interim receiving order] made under [statutory provision] on [date] (Court reference [insert reference]) no disposition by the proprietor of the registered charge dated [date] referred to above is to be registered except with the consent of [name of prosecutor or other appropriate person] of [address] or under a further order of the Court.

    Form GG (Application for restraint order or interim receiving order on the registered estate)

    Pursuant to an application for [a restraint order or an interim receiving order] to be made under [statutory provision] and under any order made as a result of that application, no disposition by the proprietor of the registered estate is to be registered except with the consent of [name of prosecutor or other appropriate person] of [address] or under a further order of the Court.

    Form HH (Application for restraint order or interim receiving order on charge)

    Pursuant to an application for [a restraint order or an interim receiving order] to be made under [statutory provision] and under any order made as a result of that application no disposition by the proprietor of the registered charge dated [date] referred to above is to be registered except with the consent of [name of prosecutor or other appropriate person] of [address] or under a further order of the Court.

    Form II (Beneficial interest that is a right or claim in relation to a registered estate)

    No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [name] at [address].

    [N.B. R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form JJ (Statutory charge of beneficial interest in favour of the Lord Chancellor)

    No disposition of the

    [choose whichever bulleted clause is appropriate]

    • registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction,
    • registered charge dated [date] referred to above, other than a disposition by the proprietor of any registered sub-charge of that charge registered before the entry of this restriction,

    is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to the Lord Chancellor at [address and Lord Chancellor's reference number].

    Form KK (Lease by registered social landlord)

    No deed varying the terms of the registered lease is to be registered without the consent of

    [choose whichever bulleted clause is appropriate]

    • the Regulator of Social Housing
    • the Welsh Ministers

    of [address].

    Form LL (Restriction as to evidence of execution)

    No disposition of the

    [choose whichever bulleted clause is appropriate]

    • registered estate by the proprietor of the registered estate
    • registered charge dated [date] referred to above by the proprietor of that registered charge

    is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

    Form MM (Interest in beneficial joint tenancy subject to charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983)

    No disposition of the registered estate made after the death of [specify the name of the person whose beneficial interest under a beneficial joint tenancy is subject to a charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983], or after that person has become the sole proprietor of the registered estate, is to be registered unless—

    (1) the disposition is by two or more persons who were registered as proprietors of the legal estate at the time of that person’s death,

    (2) notice of a charge under section 22(1) or (6) of the Health and Social Services and Social Security Adjudications Act 1983 for the benefit of [name and address of the local authority] has been entered in the register or, where appropriate, such charge has been registered, or

    (3) it is shown to the registrar’s satisfaction that no such charge is subsisting.

    Form NN (Disposition by registered proprietor of registered estate or proprietor of charge – consent or certificate required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a written consent signed by

    [choose one of the bulleted clauses]

    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]],

    or a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form OO (Disposition by proprietor of charge – consent or certificate required)

    No [disposition or specify type of disposition] by the proprietor of the registered charge dated [date] referred to above is to be registered without a written consent signed by

    [choose one of the bulleted clauses]

    • [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] [or their personal representatives] and [name] of [address] [or their personal representatives] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] and [name] of [address] or the survivor of them [or by the personal representatives of the survivor] [or [their conveyancer or specify appropriate details]],
    • [name] of [address] or [after that person’s death] by [name] of [address] [or [their conveyancer or specify appropriate details]],
    • the proprietor for the time being of the sub-charge dated [date] in favour of [sub-chargee] [or [their conveyancer or specify appropriate details]],

    or a certificate signed by

    [choose one of the bulleted clauses]

    • a conveyancer
    • the applicant for registration [or their conveyancer]
    • [name] of [address] [or [their conveyancer or specify appropriate details]]

    that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form PP (Disposition by registered proprietor of registered estate or proprietor of charge – certificate of landlord etc, or of a conveyancer, required)

    No [disposition or specify type of disposition] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction,] is to be registered without a certificate signed by

    [choose one of the bulleted clauses]

    • the proprietor for the time being of the registered estate comprising the reversion immediately expectant on the determination of the registered lease,
    • the proprietor for the time being of the estate registered under title number [specify title number],
    • [name] of [address] [or by [name] of [address]],

    or by a conveyancer, that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with [or that they do not apply to the disposition].

    [NB: R.91A, LRR 2003 provides for alternative wording to be used at the start of this restriction. See Section 4.3.1 Standard form restrictions.]

    Form QQ (Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011)

    No transfer or lease is to be registered without a certificate signed by a conveyancer that the transfer or lease did not contravene section 95(1) of the Localism Act 2011.

    Land Registry advisory policy

    We offer advice to our customers through our publications and Customer Support information and through the day-to-day handling of applications.

    We provide factual information including official copies of registers, title plans and documents, searches and details of our forms and fees.

    We provide procedural advice to explain how the land registration system works and how to make applications correctly. This includes:

    • advice in advance of an application, where this is requested
    • where an application is defective, advice as to the nature of the problem and what options, if any, are available to put it right
    • an approval service for estate layout plans and certain other land registration documents.

    There are limits to the advice that we will provide. We will not provide legal advice.

    This means that:

    • we will not approve the evidence to be produced in support of a registration application before we receive the application
    • apart from procedural advice, we will not advise on what action to take
    • we will not recommend a professional adviser but can explain how to find one.

    We provide advice only about real cases, not about theoretical circumstances. We will not express a view on questions where the law is complex or unclear except where the question arises on a live registration application.

    In providing this factual information and procedural advice we will:

    • be impartial
    • recognise that others may be affected by what we say
    • avoid any conflict of interest.

    Contact details

    For customer enquiries and to request this publication in an alternative format please contact Customer Support at customersupport@landregistry.gsi.gov.uk or telephone 0844 892 1111, or 0844 892 1122 for a Welsh-speaking service, from Monday to Friday between 8am and 6pm. Calls cost 3p a minute on a BT standard tariff, in addition to the current set up/connection charge. Calls from other tariffs, service providers and mobile phones may cost more. We do not receive any revenue from these calls.

    To obtain copies of this and all our other guides, free of charge:

    Information in this guide

    The information in this publication is for the purpose of providing general guidance about Land Registry's procedures and policies. It is intended only as a guide and does not cover every situation that may arise. It also does not limit Land Registry's ability to use its discretion when appropriate to do so, within the land registration legislation.

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