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.
You can join our free webinars for advice on a range of land registration topics and how to prepare quality applications.
Updates to this page
Published 13 October 2003 Last updated 27 August 2024 +show all updates
In Section 3.1.1 we have added a paragraph to confirm that evidence of compliance with a restriction may be required even when the disposition to be registered is made pursuant to a court order and in section 3.7 we have added another bullet point to section 3.7.1 to clarify that a restriction may be removed pursuant to an order of the court directing the registrar to remove the restriction.
A new version of form RXC has been published and sections 3.1.1. and 8 of this guide have been amended to reflect the changes to the form and to provide further comprehensive guidance as to how it should be completed.
The guide has been amended to reflect how applications should be made using our digital systems.
Section 3.1.5.6 has been amended to clarify the wording of the certificate required in compliance with a counter fraud restriction.
Section 3.7.5 has been updated to explain that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition, in order for a Form A restriction to be cancelled by way of overreaching.
Section 3.4.5 has been amended to clarify who can and who cannot normally apply for the registration of a consent restriction such as Form N.
Section 3.9.1 has been amended to clarify that, where the consent or certificate of a specified person is required under the terms of a restriction in the register, and where that person cannot be traced, we need to see evidence of the steps undertaken to obtain the relevant certificate.
Section 7.5 has been amended to reflect the new wording for the standard Form E restriction which was updated by Charities Act 2022 (Commencement No.3, Consequential, Saving and Transitional Provisions) Regulations 2024.
Sections 3.1.5.8 and 3.1.6.8 have been amended to include our practice on compliance with company anti-fraud restrictions.
Section 3.1.5.6 has been amended to include guidance on compliance with company counter fraud restrictions. A note has been added in section 3.5.1 about the action we will take when an application is made to enter a restriction in Form LL at the same time as an application to register another disposition. We have amended section 3.8 to clarify what is required when seeking, under rule 130 of the Land Registration Rules 2003, alteration of a document containing an application for a restriction, where a mistake was made by the parties in the restriction applied for.
Section 3.5.3 has been amended to correct some incorrect panel number references.
Clarification has been added for altering and modifying a restriction (Sections 3.8 and 3.9). The guide now details the circumstances in which restrictions can be altered and sets out the powers of the registrar in making modifications.
Section 3.1.5.2 has been amended to clarify that certificates or consents signed per pro are not acceptable.
Clarification on complying with a Form LL restriction (section 3.1.5.8) a personal representative may be an executor or an administrator at the time of vesting.
Section 6.26 has been amended to include guidance on how applications can be made for a non-standard restriction by the attorney named in a lasting power of attorney under the Mental Capacity Act 2005, as an attorney cannot apply for a standard Form RR restriction.
