This guide gives advice about applications to HM Land Registry to register transactions involving trustees of land, other than public, ecclesiastical or charitable trustees. It is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also refer to it.
Following customer comment we have amended section 3.1 to include the general requirements on application set out in section 3.5.1 of practice guide 19. This is not a change in practice.
A new section 2.2.5 has been added to this guide. It is HM Land Registrys view that only one Form B restriction can be entered in an individual register at any one time. We will therefore not, normally, enter a second Form B restriction where one already appears in the register unless the applicant for the restriction is able to show sufficient legal grounds for the second restriction to be entered.
Sections 7.2.1 and 7.2.2 have been amended to clarify the fee payable.
Section 8.6 has been updated to refer to two standard forms of restriction which have been added to Schedule 4 to the Land Registration Rules 2003 by The Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018. Update of sections 1.5, 7.2.2 and 7.2.3 following an amendment to rule 203 of the Land Registration Rules 2003. References in this guide to business days have been changed to working days.
Section 7.2.2 has been amended to update HM Land Registry practice in relation to replacement of a trustee/proprietor who lacks mental capacity.
Section 6.2 has been amended to reflect what we say in form ST5. There is no change to our practice.
Section 6.2 has been amended to refer to the use of form ST5 when cancelling a Form A restriction.