Land Registry Form A Restriction and other restrictions explained

24/07/2019
8,048
13 min read
Those who are no strangers to our Deeds of Trust 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.

If you have a restriction you no longer need or want, read our article: How to Remove Restriction on Property, next.


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.



Because of the nature of the Form A restriction and how often it appears in our various instructions, we feel it pertinent to provide further guidance from the Government regarding it.


Purpose of Form A restriction

The purpose of the restriction is to ensure that the provisions of section 27(2) of the Law of Property Act 1925 are complied with. As amended by the Trusts of Land and Appointment of Trustees Act 1996 (section 25(1) and Schedule 3, paragraph 4), this section reads as follows:

“Notwithstanding anything to the contrary in the instrument (if any) creating a trust of land or in any trust affecting the net proceeds of sale of the land if it is sold, the proceeds of sale or other capital money shall not be paid to or applied by the direction of fewer than two persons as trustees, except where the trustee is a trust corporation, but this subsection does not affect the right of a sole personal representative as such to give valid receipts for, or direct the application of, proceeds of sale or other capital money, nor, except where capital money arises on a transaction, render it necessary to have more than one trustee."

This means that a Form A restriction should be entered whenever two or more persons are registered as joint proprietors of a registered estate, except where either:

  • they are beneficial joint tenants (because when only one is left, the trust will have come to an end – see Beneficial joint tenants)
  • they are personal representatives of a deceased sole proprietor, unless that proprietor was a trustee
A Form A restriction should also be entered whenever a sole proprietor is, or becomes, a trustee of land.

If a Form A restriction is registered, it will generally be necessary for a new trustee or trustees to be appointed before land held by a single trustee on a trust of land can be dealt with in such a way that capital money arises.

When HM Land Registry will enter a Form A restriction automatically

It will enter a Form A restriction in the register, without application, whenever it registers two or more persons as proprietors of a registered estate in land, unless it is told that they hold the legal estate on trust for themselves as beneficial joint tenants, or it is registering them as personal representatives. It is obliged to do this by section 44(1) of the Land Registration Act 2002 and rule 95(2)(a) of the Land Registration Rules 2003. Section 44(1) of the Land Registration Act 2002 reads as follows.

“If the registrar enters two or more persons in the register as the proprietor of a registered estate in land, he must also enter in the register such restrictions as rules may provide for the purpose of securing that interests which are capable of being overreached on a disposition of the estate are overreached."

Rule 95(2)(a) of the Land Registration Rules 2003 provides that the restriction will be Form A.

Section 27(2) of the Law of Property Act 1925 does not affect the right of a sole personal representative as such to give a valid receipt for capital money. Therefore, a Form A restriction will not automatically be entered when registering personal representatives (or a sole personal representative) as proprietors of land. If there is an existing Form A restriction, however, it will remain in the register. This is because, in that case, the personal representatives are in effect succeeding the deceased as trustees of the trust. For the same reason, the Land Registry will enter a Form A restriction on first registration when registering the personal representatives of a deceased proprietor who was a sole trustee or (unless the survivor of beneficial joint tenants) the last surviving trustee.

Similarly, section 27(2) of the Law of Property Act 1925 does not affect the right of the survivor of beneficial joint tenants to give a valid receipt for capital money. When applying to register joint proprietors of an estate, you should therefore make clear the capacity in which they hold it. See Declaration of trust. If you do not do so, the Land Registration will enter a Form A restriction by default.

It will not enter a Form A restriction in respect of a registered charge. Although a charge can be held on trust, the survivor of the registered chargees is always able to give a valid receipt for the money secured by it (section 56 of the Land Registration Act 2002).

We will not enter a Form A restriction automatically when registering a sole proprietor.

When trustees must apply for a Form A restriction

A proprietor of a registered estate must apply for a restriction in Form A in the following circumstances (rule 94(1) of the Land Registration Rules 2003).
when the estate becomes subject to a trust of land, other than on a registrable disposition, and the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money examples would be if the proprietor executed a declaration of trust, or if a constructive trust arose when the estate is held on a trust of land and, as a result of a change in the trusts, the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money an example would be where one of two beneficial joint tenants served a notice to sever the beneficial joint tenancy An application by one of two or more trustees satisfies the requirement to apply (rule 94(9) of the Land Registration Rules 2003), although such an application should be made as an application by a person with sufficient interest in the making of the entry (rule 92 of the Land Registration Rules 2003) and be accompanied by evidence of that interest. If a sole or last surviving trustee of land applies for first registration, or to register a disposition of a registered estate in their favour, they must at the same time apply for a Form A restriction (rule 94(2) of the Land Registration Rules 2003). This is because section 44(1) of the Land Registration Act 2002 only applies to joint proprietors. The registrar is not obliged to enter a Form A restriction automatically on registering a sole or last surviving trustee. Section 44(1) of the Land Registration Act 2002 also only applies to registered estates in land. It does not apply when two or more persons are registered as proprietors of a rentcharge, manor, franchise or profit a prendre in gross. Nevertheless, if the survivor of them will not be able to give a valid receipt for capital money, a Form A restriction will be needed, and you should apply for it. These are not ‘estates in land’. See section 2 of the Land Registration Act 2002 and compare sections 1(1) and 1(2)(a) of the Law of Property Act 1925. Although manors can no longer be the subject of first registration, existing registrations of them remain and can be dealt with. 2.1.4 When a beneficiary may apply for a Form A restriction Where a registered estate is held on a trust of land, and a sole proprietor or survivor of joint proprietors (not being a trust corporation) will not be able to give a valid receipt for capital money, any person interested in the estate can apply for a Form A restriction (under section 43(1)(c) of the Land Registration Act 2002 and rule 93(a) of the Land Registration Rules 2003). Unless the consent of the registered proprietors accompanies the application, the registrar will have to serve notice of the application on them (the application will be a notifiable one under sections 45 of Land Registration Act 2002). The notice will give them 15 working days in which to object (rule 92(9) of the Land Registration Rules 2003). 2.1.5 Previous practice Before the Land Registration Act 2002 and Land Registration Rules 2003 came into force on 13 October 2003, the equivalent of Form A was Form 62 in Schedule 2, Land Registration Rules 1925. The precise wording of this form varied over the years but its final version was as follows. “No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the Registrar or of the Court." This restriction was entered in circumstances similar to those where a Form A restriction is now entered (under sections 58(3) of the Land Registration Act 1925 and rule 213(1) of the Land Registration Rules 1925). Accordingly, we will treat a restriction in Form 62 as if it were one in Form A. Before 1 January 1997 (when the Trusts of Land and Appointment of Trustees Act 1996 came into force), section 27(2) of the Law of Property Act 1925 only applied to estates that were subject to a trust for sale. There may still be estates registered before 1997 that were held on trusts that did not include a trust for sale (for instance, a constructive or bare trust), and where neither a Form A nor a Form 62 restriction has been entered. Either the trustees or the beneficiaries of such trusts may apply to enter a Form A restriction, and would be well advised to do so.-->
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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