The implementation of the Land Registration (Amendment) Rules 2008, on 10 November 2008, resulted in schedule 4 of the Land Registration Rules 2003 (which contain the standard forms of restrictions) being substituted in its entirety.
Schedule 4 should be read in conjunction with amended Rule 91A, paragraphs 4,5,6,7 and 8. (4) A restriction in Form L, N, S, T, II, NN or OO may commence with-
(a) the words "Until the death of [name]",
(b) the words "Until the death of the survivor of [names of two or more persons]", or
(c) the word "Until" followed by a calendar date.
(5) A restriction in Form M, O, P or PP may commence with the word "Until" followed by a calendar date.
(6) Where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words "in favour of" followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.
(7) Where in a standard form of restriction the word "they" or "their" refers to a person named in the restriction, it may be replaced as appropriate by the word "he", she", "it", "his", "her" or "its".
(8) Where a standard form of restriction permits a type of disposition to be specified in place of the word "disposition", the types of disposition that may be specified are "transfer", "lease", "charge" or "sub-charge", or any appropriate combination of those types.
Land Registry staff apply the terms of any restriction as it appears in the register. They do not refer to any compliance clause in a deed. Land Registry staff often find that the restriction applied for goes beyond the terms of the compliance cause. A common example of this is when the compliance clause in a deed clearly does not catch charges but the restriction applied for includes the default "No disposition" but without the "(other than a charge)" qualification. This means that any subsequent charge application will be caught and this will result in a requisition to the applicant that they will not be able to comply
with.
We have produced five training examples to assist you in choosing the appropriate alternatives to populate restrictions in Form L, Form M, Form O, Form NN and Form PP.
The training examples for Form L and Form NN explain how to choose from the alternative options available. On completion you may copy or cut the completed restriction and paste it into your document or application form.
The training examples for Form M, Form O and Form PP show, by way of example, how to ensure that the restriction you apply for will achieve its objectives. This will save you the trouble and expense of producing evidence of compliance that is not required by the terms of the deed that is being protected.
The information given in the training examples is not specific to the restrictions featured. It can be applied wherever a standard form restriction contains similar options and alternatives.
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