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. HM Land Registry staff will also refer to it.
New sections 6.25, 7.43 and 7.44 have been added to the guide dealing with the restrictions in standard Form RR and SS introduced by the Land Registration (Amendment) Rules 2018 which come in to force on 6 April 2018. Section 2.5 has been updated to confirm that an application to meet the registration requirements under rule 90 of the 2003 Rules can now also be made using form AN1. References in this guide to ‘business days’ have been changed to ‘working days’.
Updates have also been made to a number of sections following the amendment to rule 203 by the Amendment Rules. The amendment deals with the retention and return to documents by the registrar.
Section 2.5 removed leading to renumbering of all sections from 2.5 to 2.8.
Section 3.1.2 has been amended to clarify that the order of applications must be made clear and it is the customer's responsibility to specify which has priority. Section 3.8.1 has been amended to refer to practice guide 19A for when it might be appropriate to cancel a restriction. Section 6.6 has been amended to clarify the use of restrictions for rights of pre-emption.
Sections 220.127.116.11 and 6.21 have been amended to confirm how a certificate to comply with a Form LL restriction should be given.
Sections 18.104.22.168, 7.12, 7.13, 7.15, 7.16, 7.19, 7.39, 7.40 and 7.41 have been amended to confirm that the requirement to specific the clause, paragraph or other particulars in a standard form restriction applies to documents and not just to deeds.
Sections 7.23, 7.24, 7.25 and 7.26 have been amended as the restrictions in standard form W, X, Y and KK have been amended by The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017 which came into force on 6 April 2017.
Section 6.15 has been amended to clarify the nature and wording of a Form Q restriction. Section 6.21 has been updated to include guidance on requests for the entry of a restriction to prevent possible fraud where the registered proprietor is a company.
Section 3.5.1 has been amended to make it clear that any application for a restriction contained in a transfer, assent or charge must state who is applying for the restriction. It is not sufficient to enter just the wording of the restriction in the deed.
Video about How to avoid Land Registry requisitions: Restrictions added.
Sections 22.214.171.124, 7.12, 7.13, 7.15, 7.16, 7.19, 7.39, 7.40 and 7.41 have been amended to clarify that, where the restriction being applied for is in either Form L, M, O, P, S, NN, OO or PP, we will treat it as a non-standard restriction if it requires compliance with all of the provisions in a deed (rather than certain specified clauses).
Section 2.8.3 has been amended to make it clearer that if the benefit of an interest protected by a unilateral notice has passed to someone else, for example by way of transfer, the beneficiary of the notice will need to be updated using form UN3 before an application can be made to remove the notice.
Section 3.7.2 has been amended to refer to use form ST5 when cancelling a Form A restriction. A minor amendment has been made to section 6.1 to refer to the County Court Money Claims Centre.
Section 6.23 has been added and 7.38 has been amended as a result of the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 coming into force on 6 April 2016.
Section 2.6.4 has been amended to clarify that you should send copy documents only with applications for registration.
Link to the advice we offer added.
Section 2.7.2 has been amended to clarify how panel 12 of form UN1 should be completed.