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Guidance: Notices, restrictions and protection of third-party interests (PG19)

Land Registry

August 15
05:00 2022

Details

This guide gives advice about how to apply for a notice or a restriction to protect a third-party interest in a registered estate or charge. It explains the effect of existing register entries in respect of third party interests and explains what applications may be made in respect of existing entries. It is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also refer to it.

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How to avoid HM Land Registry requisitions: Restrictions

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Published 13 October 2003
Last updated 15 August 2022 +show all updates
  1. Section 3.1.5 been updated to confirm that HM Land Registry will accept consents and certificates signed electronically by non-conveyancers as long as these documents are lodged by a conveyancer.

  2. Section 3.1.5.3 has been amended to clarify our practice on consents to reduce the number of requisitions on this point.

  3. A cross reference to other relevant guidance has been added to section 3.7.4.

  4. Section 3.1.6.7 has been amended to clarify how part B of panel 3 in form RXC must be completed by a conveyancer. Reminder added to section 3.5.1 that the words of application for a restriction must be included if applying in prescribed lease clause LR13. Section 3.5.1.1 has been added to make it clearer when restrictions must be applied for in form RX1.

  5. Contents headers have been added to help navigate the guide, together with some examples of standard and non-standard restrictions, plus an example of an acceptable certificate of compliance for a Form LL restriction. There is also a new sub-section at 3.4.2 entitled Things to consider before applying for a restriction and, by way of clarification, some sections have been revised to provide further explanations and reminders to try to avoid unnecessary requisitions and misconceived applications. Section 3.1.5.5 has been amended to remove reference to Chartered Legal Executive Conveyancing Practitioners as this title is not in use.

  6. Section 3.5.1 has been amended to inform customers how to make clear the priority order of applications where an application to register a restriction is made at the same time as other applications. This helps to avoid any unnecessary requisitions for consents to the other applications accompanying the restriction.

  7. Section 3.1.6.has been amended as a result of amendments to form RXC.

  8. Additional guidance has been added to section 3.7.3 on applications to cancel a restriction where the restrictioner has died.

  9. Section 3.1.6 has been added as a result of the introduction of new form RXC.

  10. An additional example of an application to update a restriction has been added to section 3.8. This is not a change in practice.

  11. Section 7.12 has been amended to remind readers that standard restriction Form NN is the alternative to Form L when the option of a consent is required.

  12. Sections 3.7.2 and 3.7.5 have been amended to include additional information about the removal of a Form LL restriction.

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