This guide gives advice about applications to HM Land Registry to register transactions involving trustees of land, other than public, ecclesiastical or charitable trustees. It is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also refer to it.
Published 13 October 2003 Last updated 3 July 2023 +show all updates
Section 2.2.5 has been updated to reflect our current practice and to clarify when applying for a form B restriction might not be appropriate.
A paragraph has been added to Section 6.2 to clarify that an application to remove a Form B restriction may be made when the registered estate is no longer affected by the trust that gave rise to the restriction.
Section 2.2.5 has been amended to clarify when it might not be appropriate to apply for a Form B restriction.
Section 6.2 has been amended to match the instructions given on form ST5.
Section 2.4 has been amended to give guidance on when the use of a restriction in Form II might be appropriate.
Section 7.2.2 has been amended to clarify that where it is not clear from the deed of appointment or the register of title that the title forms part of the land held under the trust, you must provide evidence to show this is the case.
Following customer comment we have amended section 3.1 to include the general requirements on application set out in section 3.5.1 of practice guide 19. This is not a change in practice.
A new section 2.2.5 has been added to this guide. It is HM Land Registrys view that only one Form B restriction can be entered in an individual register at any one time. We will therefore not, normally, enter a second Form B restriction where one already appears in the register unless the applicant for the restriction is able to show sufficient legal grounds for the second restriction to be entered.
Sections 7.2.1 and 7.2.2 have been amended to clarify the fee payable.
Section 8.6 has been updated to refer to two standard forms of restriction which have been added to Schedule 4 to the Land Registration Rules 2003 by The Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018. Update of sections 1.5, 7.2.2 and 7.2.3 following an amendment to rule 203 of the Land Registration Rules 2003. References in this guide to business days have been changed to working days.
Section 7.2.2 has been amended to update HM Land Registry practice in relation to replacement of a trustee/proprietor who lacks mental capacity.
Section 6.2 has been amended to reflect what we say in form ST5. There is no change to our practice.
Section 6.2 has been amended to refer to the use of form ST5 when cancelling a Form A restriction.
