Land Registry Form A Restriction and other restrictions explained

24/07/2019
Those who are no strangers to our Deeds of Trust (click to find out more) are most likely no strangers to our use of the term 'Form A Restriction'. It is most commonly used to stop a single person disposing of or transferring a property or properties without considering and ultimately being bound by the terms within the relevant connected deed of trust and ideally there should be a reference to the existence of that Deed of Trust via a Declaration of Trust in the Land Registry's wider records as sound legal practice.

It's entirely understandable as a layperson to think that this somehow implies a form - as in a form to be filled in - of some sort. Actually, you'd be closer in understanding it as a 'form of words' and these words take a prominent part in an important piece of legislation related to land law in England & Wales.

The Land Registration Rules 2003

Within this Act, amended by Statutory Instrument 2003 No. 1417 and within Schedule 4 (Rule 91), are a list of 'Standard Forms of Restriction' as described.

We list these alphabetically, continuing into the next section, which is the way they are in fact presented in the legislation.

Form A (Restriction on dispositions by sole proprietor)
No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.



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Form B (Dispositions by trustees—certificate required)
No disposition [or specify details] by the proprietors of the registered estate is to be registered unless they make a statutory declaration, or their conveyancer gives a certificate, that the disposition [or specify details] is in accordance with [specify the disposition creating the trust] or some variation thereof referred to in the declaration or certificate.

Form C (Dispositions by personal representatives—certificate required)
No disposition by [name], the [executor or administrator] of [name] deceased, other than a transfer as personal representative, is to be registered unless he makes a statutory declaration, or his conveyancer gives a certificate, that the disposition is in accordance with the terms [of the will of the deceased or the law relating to intestacy as varied by a deed dated specify details of deed or specify appropriate details] or [some variation or further variation] thereof referred to in the declaration or certificate, or is necessary for the purposes of administration.

Form D (Parsonage, church or churchyard land)
No disposition of the registered estate is to be registered unless made in accordance with [the Parsonages Measure 1938 (in the case of parsonage land) or the New Parishes Measure 1943 (in the case of church or churchyard land)] or some other Measure or authority.

Form E (Non-exempt charity—certificate required)
No disposition by the proprietor of the registered estate to which section 36 or section 38 of the Charities Act 1993 applies is to be registered unless the instrument contains a certificate complying with section 37(2) or section 39(2) of that Act as appropriate.

Form F (Land vested in official custodian on trust for non-exempt charity—authority required)
No disposition executed by the trustees of [charity] in the name and on behalf of the proprietor shall be registered unless the transaction is authorised by an order of the court or of the Charity Commissioners, as required by section 22(3) of the Charities Act 1993.

Form G (Tenant for life as registered proprietor of settled land, where there are trustees of the settlement)
No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and no disposition under which capital money arises is to be registered unless the money is paid to (name) of (address) and (name) of (address), (the trustees of the settlement, who may be a sole trust corporation or, if individuals, must number at least two but not more than four) or into court.

Note—If applicable under the terms of the settlement, a further provision may be added that no transfer of the mansion house (shown on an attached plan or otherwise adequately described to enable it to be fully identified on the Ordnance Survey map or title plan) is to be registered without the consent of the named trustees or an order of the court.

Form H (Statutory owners as trustees of the settlement and registered proprietors of settled land)
No disposition is to be registered unless authorised by the Settled Land Act 1925, or by any extension of those statutory powers in the settlement, and, except where the sole proprietor is a trust corporation, no disposition under which capital money arises is to be registered unless the money is paid to at least two proprietors.

Note—This restriction does not apply where the statutory owners are not the trustees of the settlement.

Form I (Tenant for life as registered proprietor of settled land—no trustees of the settlement)
No disposition under which capital money arises, or which is not authorised by the Settled Land Act 1925 or by any extension of those statutory powers in the settlement, is to be registered.

Form J (Trustee in bankruptcy and beneficial interest—certificate required)

No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of trustee in bankruptcy] (the trustee in bankruptcy of [name of bankrupt person]) at [address for service].

Form K (Charging order affecting beneficial interest—certificate required)
No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference ... ... ... ...).

Form L (Disposition by registered proprietor of a registered estate or proprietor of charge—certificate required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [, or by the proprietor of any registered charge,] is to be registered without a certificate

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

or

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]]

that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

Form M (Disposition by registered proprietor of registered estate or proprietor of charge—certificate of registered proprietor of specified title number required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number [title number] [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details], that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

Form N (Disposition by registered proprietor of registered estate or proprietor of charge—consent required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

or

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]].

Form O (Disposition by registered proprietor of registered estate or proprietor of charge—consent of registered proprietor of specified title number required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the estate registered under title number [title number], [(or his conveyancer, or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details].

Form P (Disposition by registered proprietor of registered estate or proprietor of charge—consent of proprietor of specified charge required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the charge dated [date] in favour of [chargee] referred to in the charges register [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details].

Form Q (Disposition by registered proprietor of registered estate or proprietor of charge—consent of personal representative required)
No disposition [or specify details] of [the registered estate or the registered charge dated [date] (referred to above)] by the proprietor [of the registered estate or of that registered charge] is to be registered after the death of [name of the current proprietor(s) whose personal representative’s consent will be required] without the written consent of the personal representatives of the deceased.

Form R (Disposition by registered proprietor of registered estate or proprietor of charge—evidence of compliance with club rules required)
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered unless authorised by the rules of the [name of club] of [address] as evidenced [by a resolution of its members or by a certificate signed by its secretary or conveyancer [or specify appropriate details]].

Form S (Disposition by proprietor of charge—certificate of compliance required)
No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a certificate

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

or

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details],

that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.

Form T (Disposition by proprietor of charge—consent required)
No disposition [or specify details] by the proprietor of the registered charge dated [date] (referred to above) is to be registered without a written consent

[signed by [name] of [address] (or [his conveyancer] or specify appropriate details)]

or

[signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details].

Form U (Section 37 of the Housing Act 1985)
No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority] is given that the transfer or lease is made in accordance with section 37 of the Housing Act 1985.

Form V (Section 157 of the Housing Act 1985)
No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant local authority or housing association etc] is given that the transfer or lease is made in accordance with section 157 of the Housing Act 1985.

Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)
No disposition (except a transfer) of a qualifying dwellinghouse (except to a qualifying person or persons) is to be registered without the consent of the Secretary of State given under section 171D(2) of the Housing Act 1985 as it applies by virtue of the Housing (Preservation of Right to Buy) Regulations 1993.

Form X (Section 81 or 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989)
No disposition by the proprietor of the registered estate or in exercise of the power of sale or leasing in any registered charge (except an exempt disposal as defined by section 81(8) of the Housing Act 1988) is to be registered without the consent of the Secretary of State to that disposition under the provisions of (as appropriate [section 81 of that Act] or [section 133 of that Act] or [section 173 of the Local Government and Housing Act 1989]).

Form Y (Section 13 of the Housing Act 1996)
No transfer or lease by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered unless a certificate by [specify relevant registered social landlord] is given that the transfer or lease is made in accordance with section 13 of the Housing Act 1996.

Form AA (freezing order on the registered estate)
Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered except under a further order of the Court.

Form BB (freezing order on charge)
Under an order of the (name of court) made on (date) (claim no) no disposition by the proprietor of the charge is to be registered except under a further order of the Court.

Form CC (application for freezing order on the registered estate)
Pursuant to an application made on (date) to the (name of court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered estate is to be registered except with the consent of (name of the person applying) or under a further order of the Court.

Form DD (application for freezing order on charge)
Pursuant to an application made on (date) to the (name of the court) for a freezing order to be made under (statutory provision) no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered except with the consent of (name of the person applying) or under a further order of the Court.

Form EE (restraint order or interim receiving order on the registered estate)
Under (as appropriate [a restraint order] or [an interim receiving order]) made under (statutory provision) on (date) (claim no) no disposition by the proprietor of the registered estate is to be registered without the consent of (name of the prosecutor or other person who applied for the order) or under a further order of the Court.

Form FF (restraint order or interim receiving order on charge)
Under (as appropriate [a restraint order] or [an interim receiving order]) made under (statutory provision) on (date) (claim no) no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered without the consent of (name of the prosecutor or other person who applied for the order) or under a further order of the Court.

Form GG (application for restraint order or interim receiving order on the registered estate)
Pursuant to an application for (as appropriate [a restraint order] or [an interim receiving order]) to be made under (statutory provision) and under any order made as a result of that application, no disposition by the proprietor of the registered estate is to be registered without the consent of (name of the prosecutor or other person applying) or under a further order of the Court.

Form HH (application for restraint order or interim receiving order on charge)
Pursuant to an application for (as appropriate [a restraint order] or [an interim receiving order]) to be made under (statutory provision) and under any order made as a result of that application no disposition by the proprietor of the registered charge dated (date) (referred to above) is to be registered without the consent of (name of the prosecutor or other person applying) or under a further order of the Court.


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