Standard Form Restrictions at the Land Registry
- Land Registry standard form restrictions are rules recorded in Section B on a property's title that limit what can be done with a property.
- They can prevent things like selling the property, renting it out, or borrowing money against it. Restrictions are general or specific, either preventing any changes to a property or in place to stop certain types of transactions.
- Restrictions will be listed in the proprietorship register of the title. The wording of the restriction explains exactly what is limited and how to follow the rules.
- A property can have multiple restrictions. It's important to understand all of them when dealing with the property.
The Land Registration Rules 2003
Within this Act, amended by Statutory Instrument 2003 No. 1417 and within Schedule 4 (Rule 91), is a list of 'Standard Forms of Restriction' as described.
These are listed below alphabetically as they appear within the legislation.
Form B to I
Form B (Dispositions by trustees—certificate required)
- Proprietors must provide a statutory declaration before any changes can be registered.
- Alternatively, they can have their conveyancer issue a certificate confirming the proposed changes comply with the original trust deed or a related variation mentioned in the declaration or certificate.
Form C (Dispositions by personal representatives—certificate required)
- Ensures that any transfer or disposition made by the executor or administrator of the deceased is per the terms of the will or law of intestacy.
- If not, a statutory declaration or a conveyancer's certificate is required to confirm that the transfer is necessary for administration purposes.
Form D (Parsonage, church or churchyard land)
- Any transfer of the estate must be registered in compliance with either the Parsonages Measure 1938 (for parsonage land), the New Parishes Measure 1943 (for church or churchyard land), or another relevant Measure or authority.
Form E (Non-exempt charity—certificate required)
- No transfer of the property by the owner of the registered land, to which section 36 or section 38 of the Charities Act 1993 applies, can be registered unless the document includes a certificate that complies with section 37(2) or section 39(2) of that Act.
Form F (Land vested in official custodian on trust for non-exempt charity—authority required)
- Any transaction carried out by the trustees of a charity on behalf of the owner must be authorised by a court order or by the Charity Commissioners, as specified in section 22(3) of the Charities Act 1993, for it to be registered.
Form G (Tenant for life as registered proprietor of settled land, where there are trustees of the settlement)
- No transfer of property is allowed unless authorised by the Settled Land Act 1925, or any relevant extension of those legal powers within the settlement.
- No property transfer that generates capital funds is allowed unless the funds are paid to the specified trustees of the settlement. These trustees may be a single trust corporation or, if they are individuals, there must be at least two but no more than four trustees. Alternatively, the funds may be paid into court.
- If applicable under the terms of the settlement, an additional provision may be included stating that the mansion house (either shown on an attached plan or adequately described for identification on the Ordnance Survey map or title plan) cannot be transferred without the consent of the named trustees or a court order.
Form H (Statutory owners as trustees of the settlement and registered proprietors of settled land)
- No transfer of ownership should be recorded unless authorised by the Settled Land Act 1925 or any relevant extension of those legal powers within the settlement.
- Additionally, if capital funds are involved, the transfer should only be registered if the funds are paid to at least two owners unless the sole owner is a trust corporation.
- However, this rule does not apply if the legal 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 resulting in capital money, unless authorised by the Settled Land Act 1925 or its extensions in the settlement, should be registered.
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Form J to Q
Form J (Trustee in bankruptcy and beneficial interest—certificate required
- Any transfer of the registered estate or registered charge must be accompanied by a certificate signed by the applicant or their conveyancer.
- The certificate must confirm that written notice of the transfer was provided to the trustee of the bankrupt person and states the address.
Form K (Charging order affecting beneficial interest—certificate required
- No transfer of the estate or charge is registered without a certificate.
- This certificate should be signed by the applicant or their conveyancer, confirming that written notice of the transfer was provided to the beneficiary of the charging order and include the address for service.
- This person holds the benefit of either an interim or a final charging order on the beneficial interest of (name of judgment debtor), which was issued 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 changes or transactions involving the registered property can be recorded without a certificate signed by the registered proprietor or conveyancer confirming that the requirements have been met, specifying the clause, paragraph, or other applicable information.
Form M (Disposition by registered proprietor of registered estate or proprietor of charge—certificate of registered proprietor of specified title number required)
- No changes or transfers of the registered property (other than a mortgage) can be made without a signed certificate from the current property owner or their authorised representative, confirming that all requirements have been met, specifying the clause, paragraph, or other applicable information.
Form N (Disposition by registered proprietor of registered estate or proprietor of charge—consent required)
- No disposition of the registered estate, other than a charge, by the proprietor of the registered estate, can be registered without written consent signed by the proprietor or their conveyancer.
Form O (Disposition by registered proprietor of registered estate or proprietor of charge—consent of registered proprietor of specified title number required)
- No disposition of the registered estate, other than a charge, by the proprietor of the registered estate, can be registered without written consent signed by the proprietor or their conveyancer under the (title number).
Form P (Disposition by registered proprietor of registered estate or proprietor of charge—consent of proprietor of specified charge required)
- Any transfer or change in ownership of the registered property, excluding mortgages, must be approved in writing by the current mortgage holder.
- This approval must be signed by the mortgage holder or their conveyancer referred to in the charges register.
Form Q (Disposition by registered proprietor of registered estate or proprietor of charge—consent of personal representative required)
- No changes to the ownership of the property or registered charges can be made after the current owner's death without written consent from the deceased person's representatives.
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Form R to Y
Form R (Disposition by registered proprietor of registered estate or proprietor of charge—evidence of compliance with club rules required)
- Any transfer or disposal of the registered property by the owner, or by the owner of any registered mortgage, cannot be registered unless authorised by the rules of the [name of club] at [address], as proven by a resolution of its members or a certificate signed by its secretary or conveyancer.
Form S (Disposition by proprietor of charge—certificate of compliance required)
- No changes to the registered charge dated [date] are made without a certificate signed by the proprietor or their conveyancer confirming that the requirements have been met, specifying the clause, paragraph or other details.
Form T (Disposition by proprietor of charge—consent required)
- No disposition of the registered charge dated [date] can be registered without the written consent of the proprietor, signed by either the proprietor or their conveyancer.
Form U (Section 37 of the Housing Act 1985)
- No transfer or lease by the property owner or the owner of any registered charge can be registered unless a certificate from the [local authority] is provided, confirming that the transfer or lease complies with Section 37 of the Housing Act 1985.
Form V (Section 157 of the Housing Act 1985)
- No transfer or lease by the property owner or the owner of any registered charge can be registered unless a certificate is provided by the relevant local authority or housing association, confirming that the transfer or lease complies with section 157 of the Housing Act 1985.
Form W (Paragraph 4 of Schedule 9A to the Housing Act 1985)
- Any disposal of a qualifying property, except for a transfer, must not be registered without the consent of the Secretary of State under section 171D(2) of the Housing Act 1985, as it applies under the Housing (Preservation of Right to Buy) Regulations 1993 unless it is a transfer to a qualifying person or persons.
Form X (Section 81 or 133 of the Housing Act 1988 or Section 173 of the Local Government and Housing Act 1989)
- The owner of the property or anyone with the power to sell or lease the property cannot make any changes without the consent of the Secretary of State.
- This includes any sale or leasing of the property unless it falls under the exempt category as defined by section 81(8) of the Housing Act 1988.
- The consent of the Secretary of State is required for any such changes under the relevant provisions of the Act.
Form Y (Section 13 of the Housing Act 1996)
- The proprietor of the estate or any registered charge cannot transfer or lease the property without a certificate from the relevant registered social landlord confirming that the transfer or lease complies with section 13 of the Housing Act 1996.
Form AA to HH
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)
Upon application to the (court name) on (date) for a freezing order under (statutory provision), no disposition of the registered estate by the proprietor shall be registered without the consent of (applicant's name) or further order of the Court.Form DD (application for a freezing order on charge)
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 owner of the registered charge dated (date) (mentioned above) is to be registered without the consent of (name of the person applying) or without a further order from 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 the appropriate restraint order or interim receiving order made under the statutory provision on the specified date with claim no, no disposition by the proprietor of the registered charge dated the mentioned date is to be registered without the consent of the 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)
An application for a restraint order or an interim receiving order to be made under a specific statutory provision and under any order resulting from that application, the owner of the registered estate cannot register any transfer without the consent of the named prosecutor or the person applying, or without a further court order.Form HH (application for restraint order or interim receiving order on charge)
An application for a restraint order or an interim receiving order to be made under the relevant statutory provision and any order resulting from that application, no disposition by the proprietor of the registered charge dated (date mentioned above) is to be registered without the consent of the prosecutor or other person applying, or without further order of the Court.
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