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Guidance: Notices, restrictions and protection of third-party interests (PG19)

Land Registry

February 24
06:00 2020

Details

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.

How to avoid HM Land Registry requisitions

Watch the video about restrictions.

How to avoid HM Land Registry requisitions: Restrictions

This is part of a series of videos on how to avoid requisitions.

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Published 13 October 2003
Last updated 24 February 2020 +show all updates
  1. Section 2.2 has been amended to clarify that a purely contractual arrangement to pay a person a share of the proceeds of sale cannot be protected by a notice. Section 3.1.5.1 has been amended to clarify what needs to be included in a certificate required to comply with a restriction in Form LL.

  2. Section 3.1.5.1 has been amended to make it clearer that while all Chartered Legal Executives may verify identity, only CILEx Conveyancing Practitioners or Chartered Legal Executive Conveyancing Practitioners can provide certificates to comply with Form LL restrictions.

  3. Section 3.1.5 has been amended to clarify that corporations aggregate consents apply to overseas corporations aggregate.

  4. Section 2.6.2 has been amended to correct a minor discrepancy between practice guides 19 and 76, relating to charging orders protected by unilateral notices. Section 3.5.3 has been amended to clarify how an address is to be included in restrictions that require it.

  5. A new section 6.27 has been added to deal with guardians appointed pursuant to the Guardianship (Missing Persons) Act 2017.

  6. Section 3.1.5.1 has been amended to clarify how the certificate of compliance must be worded. Section 3.7.3 has been amended to explain the additional consents required on an application to cancel a landlord/management company restriction where a right to manage company has been appointed. This is to reflect the provisions of the Commonhold and Leasehold Reform Act 2002.

  7. Section 6.26 has been amended to clarify that, where a restriction in Form RR has been applied for, the restriction will not prevent registration of a subsequent sale by the deputy if the deputys appointment authorises this, but will otherwise protect the property.

  8. Section 3.3.1 has been amended to confirm practice on restrictions referring to specific sections of a deed.

  9. The wording of the Form D restriction in section 7.4 has been amended as a result of the Church Property Measure 2018 which came into force on 1 March 2019.

  10. Sections 3.1.1 and 3.1.5 have been updated to confirm that where a restriction in the register requires a consent, the consent given must be to the registration of the disposition, not simply to the disposition.

  11. Section 3.1.5 has been amended to clarify that a consent or certificate of compliance must be to all the transactions in the application that are caught by the restriction.

  12. Section 3.5.1 has been amended to confirm when a single form RX1 can be used to apply for more than one restriction and when separate form RX1s must be used.

  13. Following customer comments section 6.8 has been amended to explain better why we cannot accept a Form P restriction in a charge that is not being substantively registered because a restriction prevents registration.

  14. Sections 7.24 and 7.36 have been updated as a result of the deregulation of Welsh housing associations under The Regulation of Registered Social Landlords (Wales) Act 2018 and associated secondary legislation which comes into force on 15 August 2018.

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