This may assist with future compliance with the terms of the restriction. The caution will then be cancelled unless the registrar makes an order to the contrary.

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. 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. Positive covenants oblige the property owner to do something, such as maintain a fence or wall, whereas negative covenants (also called restrictive covenants) prevent the property owner from doing something on the land, such as keeping animals or causing a nuisance. 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 restrictions in standard Form 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. 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 section 36(2) of the Law of Property Act 1925 to the other joint tenant(s). A certificate which merely states that the person who signed the document is the registered proprietor is therefore not acceptable. As only the legal estate will be registered, this does not include rights or claims that relate only to a beneficial interest in property, we enter 2 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 (section 44(1) of the Land Registration Act 2002) – see, some other statute requires the registrar to enter a restriction (section 44(2) of the Land Registration Act 2002). The protection afforded by the entry of a notice is the same as that afforded by overriding status. The application must be made in form RX4; no fee is payable. Where a property is solely owned, the deputy appointed by the court under the Mental Capacity Act 2005 (the 2005 Act) may apply for a restriction preventing the disposition of the land or registered charge except under an order of the court. An action that relates to an undivided share under a trust of land is not a pending land action. 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. This is because the interest of the supervisor or creditors will be derivative. A caution against dealings is an entry in the register in respect of a claim to an interest in a registered estate or charge. The Legal Aid Agency, where it has a statutory charge over a beneficial interest under a trust of land, may apply for a restriction in Form JJ. You can change your cookie settings at any time. Although the Land Registration Act 2002 reduced them, there are still some interests which can bind someone even though they bought the land for value and the interest is not recorded. Anyone buying a property which is subject to a legal charge must ensure the seller pays off the mortgage on completion otherwise the buyer will be subject to the lender’s power of sale. The options include: The additional wording should only be used where it is shown as an option in the wording of the standard restrictions. 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. You should also enclose the consent of the registered proprietor, where available. 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. Give details of the agreement and identify the provision in the agreement limiting the registered proprietor’s ability to make any disposition. 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. 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. 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.

Agreed notice entries must give details of the interest that they protect.

The restriction allows for 3 possibilities. Before then, joint proprietors can freely dispose of the property, overreaching the beneficial interests, including the local authority’s charge. Normally, a charge on the beneficial interest of one joint tenant would automatically sever the joint tenancy. A Form A restriction ensures that any capital money must be paid to 2 trustees. The register makes visible what interests are being pursued, by whom and with what budgets. 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. Examples include: 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.

Most applications for restrictions must be made in form RX1. Public-private partnership leases are those that relate specifically to transport in London under the Greater London Authority Act 1999), by, or with the consent of, the relevant proprietor (or someone entitled to be registered as such), if the applicant can satisfy the registrar that the interest claimed is valid, 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 section 38 of the Landlord and Tenant Act 1987 (including any variation as modified by an order under section 39(4) of that Act), a customary right (a customary right is one that is enjoyed by some or all of the inhabitants of a particular locality), where they have recently taken a transfer of the estate or charge but have not yet become registered as proprietor. Often this is achieved by referring to a document that describes, or which created, the interest. If application is made by or with the consent of the registered proprietor there is no requirement to provide a copy of the agreement. See practice guide 24: private trusts of land for more information. Restrictions in Form L, M, O, P, S, NN, OO and PP that require compliance with all of the provisions in a deed or other document (rather than certain specified clauses) will also make the restriction non-standard. 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. 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. The certificate or consent must be signed by the individual in their own name.

In considering an application to disapply the registrar will require evidence that the applicant has used their best endeavours to comply with the terms of the restriction. You can only apply for the entry of a restriction if you: Rule 94 of the Land Registration Rules 2003 prescribes certain situations where a person must apply for a restriction.

Section 42(1) of the Land Registration Act 2002 sets out the registrar’s general power to enter a restriction as follows. Where a restriction catches 2 or more dispositions being lodged at the same time, the consent or certificate of compliance must be to all of the dispositions being registered.