Tips and video on how to avoid requisitions about restrictions in the register.
We cannot complete a registration if the evidence you lodge does not satisfy the requirements of the restriction. We will requisition for further evidence if we need it.
For example, does a restriction specifically require a consent? If it does, we cannot act on a conveyancer’s certificate.
If you are lodging restrictions in the register, make sure that you:
- always use a standard form of restriction where possible. See Schedule 4 of the Land Registration Rules 2003
- check what is required and make arrangements in good time to obtain that evidence, as obtaining consent for a ‘Management Company restriction’ can cause significant delays
- think carefully, when drafting deeds, whether a restriction is actually required, and if it is, how it should be worded:
- is a consent or certificate required?
- for which types of disposals?
- who should provide that consent or certificate?
- if there is a standard form restriction, are you applying for the correct one?
- follow the advice on the forms
The joint proprietors’ restriction can cause problems. We receive several applications where there is no evidence about how joint tenants will hold the land. Avoid this by following the advice on the forms and complete, for example, panel 10 of Form TR1 – Transfer of whole. You can also use Form JO
- include evidence that there are no other trust interests
If you later need to remove a joint proprietors’ restriction we will require a formal application to cancel the restriction, accompanied by evidence that the restriction is no longer required.
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Published: 7 October 2016
From: HM Land Registry