Land Registry Form A Restriction: A Guide to Form SEV and RX3

A Form A Restriction is the specific entry on a Land Registry title that alerts solicitors and lenders that a property is held as tenants in common. Whether you are looking to protect an unequal deposit, share rental income in a tax-efficient way, or remove a restriction following a marriage, understanding the administrative process is essential.

This guide explains how to change to tenants in common by applying a Form A entry to the Land Registry Title using Form SEV, the implications of the standard form of restriction, and the legal steps required to update your title when ownership circumstances change.

What is a Form A Restriction?

A Form A Restriction is used by the Land Registry to confirm that the property is held by the joint legal owners as beneficial Tenants in Common. Whilst the legal ownership is Joint Tenants, it is held equally, the beneficial ownership, the value of the land, is held separately.

The Form A Restriction looks like this:

How does the restriction protect tenants in common?

Under the Law of Property Act 1925, a buyer must pay the purchase money to at least two trustees to take a property free from the hidden beneficial interests of a deceased person's heirs. The Form A Restriction forces this overreaching to happen.

If one tenant in common dies, the survivor is left as the sole owner of the title. Because of the Form A Restriction, they cannot sell the house. They must appoint a second trustee (usually a solicitor or the beneficiary named in the Will) to sign the transfer deed and receive the funds. In practice, when the property is sold, the surviving owner and the deceased's executor shall both sign the documents as part of the sale.

The Form A process prevents a surviving partner from selling the property and keeping 100% of the proceeds if they were only entitled to 50%.

How to Enter a Form A Restriction (Form SEV)

To enter a Form A Restriction on your property title, you must submit Form SEV to HM Land Registry. This is the standard procedure for severing a joint tenancy, which converts the ownership into a tenancy-in-common. The process differs depending on whether all owners agree to the change or whether one owner acts unilaterally.

How to Apply Using Form SEV

There are two primary routes to finalise the registration of the restriction:

• Mutual Agreement: The simplest method. All registered owners sign the Form SEV to confirm they agree to hold the property as tenants in common.
• Unilateral Severance: If one owner wishes to protect their share but the other co-owner does not agree (or is unavailable), the owner seeking severance must first serve a Notice of Severance on the other party. Once this notice is served, the applicant completes Form SEV on their own and provides evidence that the notice was given.

Change to Tenants in Common Today

• Whether for tax planning or divorce/separation.
• Deeds drafted within 2 working days(1).
• Applications made digitally to the Land Registry within 5 working days(2).
• Fixed Fee of £559 INC VAT for a deed and a severance, or £260 INC VAT for just the severance.

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How to Remove a Form A Restriction (Form RX3 & ST5)

Applying the restriction to be tenants in common is easier than removing it to become Joint Tenants. To remove the restriction, you need to:

• 1

  Deed of Surrender

  If you have a deed of trust, you'll need to surrender it before you can remove the restriction.

• 2

  Statement of Truth ST5 Form

The primary purpose of the ST5 is to prove that the trust, which was created when you became tenants in common, has come to an end. It is essentially a sworn statement (though not requiring a solicitor to witness it, unlike an affidavit) that confirms the following:

• The Beneficial Interest is Unified: It confirms that the underlying money or equity in the property is now owned by the same people who hold the legal title, with no other third-party interests.
• The Four Unities Rule: If, for any reason, the joint owners don't meet the Four Unities Rules, then you cannot have a joint tenancy.
• No Other Trusts Exist: It assures the Land Registry that there are no hidden beneficiaries or Deeds of Trust that would require the Form A Restriction to remain in place.
• The Right of Survivorship is Re-established: By removing the restriction, you are declaring that if one owner dies, the property should once again pass automatically to the survivor.

• 3

  Land Registry RX3 Form

  This is the form used by the Registrar to remove the restriction from the title.

Change to Joint Tenants Today

• For tenants in common who've recently married and want to change to joint tenants.
• Deed of Surrender drafted within 2 working days(1).
• Applications made digitally to the Land Registry within 5 working days(2).
• Fixed Fee of £535 INC VAT or a deed and Update Land Registry.

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