Notices are almost always entered in the charges register of the registered estate to which they relate (rules 9(a) and 84(1) of the Land Registration Rules 2003. Bankruptcy notices affecting the proprietor of a registered estate are entered in the proprietorship register but are not dealt with in this guide). Where a notice is entered in respect of an interest affecting a registered charge it will refer specifically to the entries relating to the affected charge.

The effect of a notice is very limited. The entry of a notice does not guarantee that the interest that it protects is valid or even that it exists. A notice will only ensure that the priority of the interest protected will not be automatically postponed on the registration of a subsequent registrable disposition for value, if the interest is valid.

If an interest had overriding status before becoming noted in the register, it will lose that status when the notice is entered (section 29(3) of the Land Registration Act 2002). The protection afforded by the entry of a notice is the same as that afforded by overriding status. However, the person with the benefit of the interest should be aware that once the interest has been noted, overriding status cannot be regained even if the notice is cancelled.

2.2 Interests that cannot be protected by notice

Certain interests cannot be protected by notice. These are:

interests under a trust of land (section 33(a)(i) of the Land Registration Act 2002)
interests under a settlement under the Settled Land Act 1925 (section 33(a)(ii) of the Land Registration Act 2002)
leasehold estates in land for a term of 3 years or less, except for any that have to be registered, (section 33(b) of the Land Registration Act 2002. Some shorter leases, such as reversionary leases to take effect more than 3 months after grant, must still be registered and, if granted out of registered land, will be noted against the lessor’s title)
restrictive covenants made between lessor and lessee that relate only to the demised premises (section 33(c) of the Land Registration Act 2002)
interests capable of registration under the Commons Registration Act 1965 (section 33(d) of the Land Registration Act 2002)
certain interests in coal, coal mines and coal mining rights (section 33(e) of the Land Registration Act 2002)
public-private partnership leases (section 90(4) of the Land Registration Act 2002. Public-private partnership leases are those that relate specifically to transport in London under the Greater London Authority Act 1999)
interests under a relevant social housing tenancy (section 33(a) of the Land Registration Act 2002)

To the extent that these interests require protection by entry in the register (some of them have overriding status so do not need further protection), the only protection that can be applied for is a restriction.

A purely contractual arrangement to pay a person a share of the proceeds of sale of a registered title does not give that person a proprietary interest (Lynton International Ltd v Noble [1991] 63 P & CR 452) and so cannot be protected by a notice.

2.3 Entry of notices in the register

2.3.1 Different types of notice

Notices may be entered in the register in various circumstances. For example, the registrar will enter appropriate notices in the course of first registration (rule 35(1) of the Land Registration Rules 2003) and as part of the processing of certain types of registrable disposition for example, leases of land – see paragraph 3(2)(b) of Schedule 2 to the Land Registration Act 2002. Someone claiming an interest may also apply to the registrar for a notice to be entered.

An application for entry of a notice may be for either:

an agreed notice
a unilateral notice

There are different procedures for entering agreed notices and unilateral notices and for cancelling the entries once made. The forms of the entries in the register are also different. However, all types of notice have the effect of protecting the priority of the interest to which they relate, as discussed in The nature and effect of notices.

The term ‘agreed notice’ applies only to notices entered following an application to the registrar under section 34(2)(a) of the Land Registration Act 2002. However, all notices other than unilateral notices are treated in the same way as agreed notices once entered in the register. Where referring to notices that have already been entered in the register, this guide prefers reference to ‘notices (other than unilateral notices)’ rather than to ‘agreed notices’, to avoid confusion; similar terminology is adopted in the Land Registration Rules 2003.

2.3.2 Agreed notices

An agreed notice can only be entered in the register either:

by, or with the consent of, the relevant proprietor (or someone entitled to be registered as such)
if the applicant can satisfy the registrar that the interest claimed is valid. In order for the registrar to be so satisfied, supporting evidence must be lodged with the application (see Applications based on evidence rather than consent and Details of the nature of the applicant’s claim for more information)

We are not obliged to serve notice on the relevant proprietor before approving an application for an agreed notice that is not made with the proprietor’s cooperation. In most cases, we determine the application on the evidence lodged without involving the proprietor. However, if the application is based on evidence rather than proprietor cooperation, we always notify the proprietor that the entry has been made when we complete the application. Agreed notice entries must give details of the interest that they protect. Often this is achieved by referring to a document that describes, or which created, the interest. A copy of the document itself may be filed and made available for inspection. Please refer to practice guide 11: inspection and application for official copies for more information about public access to documents held by the registrar. See also Points to consider when deciding which type of notice to apply for.

An example of an agreed notice entry would be:

“(22.01.2004) Contract for sale dated 15 October 2003 in favour of James Dean Perry.

NOTE: Copy filed.”

The date in brackets at the beginning of the entry provides the date on which the entry is deemed to have been made. This will be the date when the application for the notice was received. See rule 20(1) of the Land Registration Rules 2003. An agreed notice gives notice of the interest to which it relates; its object is not to identify the beneficiary of that interest and it is not possible to note the devolution of title to an interest protected by an agreed notice.

Once entered in the register, any notice other than a unilateral notice will only be cancelled if the registrar is satisfied that the interest protected has come to an end, or that the interest claimed is otherwise invalid. A person applying for the notice to be cancelled must produce evidence to satisfy the registrar that this is the case.

2.3.3 Unilateral notices

A unilateral notice may be entered without the consent of the relevant proprietor. The applicant is not required to satisfy the registrar that their claim is valid and does not need to support their claim to the interest with any evidence. The registrar will however check that the interest claimed is of a type that may be protected by unilateral notice.

The relevant proprietor is not notified of the application until after the entry has been made so they will not usually be able to object to the application. However, they will always be notified after the application has been completed. They can then apply at any time to cancel the notice and by doing so require the person claiming the benefit of the protected interest to prove the validity of their claim.

There are 2 elements to a unilateral notice entry: the first part gives brief details of the interest protected and identifies that the entry is a unilateral notice; the second part gives the name and address of the beneficiary of the notice. This information is necessary as it is the beneficiary who will be served with notice and required to prove the validity of the interest if the relevant proprietor applies to cancel the notice.

An example of a unilateral notice entry would be:

“(22.01.2004) UNILATERAL NOTICE in respect of a contract for sale dated 15 October 2003 made between (1) Sandra Jane Kemp and (2) James Dean Perry.

(22.01.2004) BENEFICIARY: James Dean Perry of 23 The Burn, Ripley, Cornshire XX1 3AB.”

The date in brackets at the beginning of the first part of the entry provides the date when the entry is deemed to have been made.

The date in brackets at the beginning of the second part of the entry represents the date when the current beneficiary was entered in respect of the notice.

If a unilateral notice entry is to be made in respect of an agreement, it must contain details of what the agreement relates to, for example:

“(22.01.2004) UNILATERAL NOTICE in respect of an Agreement dated 15 October 2003 made between (1) Sandra Jane Kemp and (2) James Dean Perry relating to the ownership of a wall on the northern boundary of the land in this title.

(22.01.2004) BENEFICIARY: James Dean Perry of 23 The Burn, Ripley, Cornshire XX1 3AB.”

2.4 Which type of notice to apply for

2.4.1 Interests that can only be protected by agreed notice

While in most cases the applicant may decide whether to apply for an agreed notice or a unilateral notice, in respect of any of the following interests an applicant may only apply for an agreed notice (rule 80 of the Land Registration Rules 2003). They are:

home rights (see practice guide 20: applications under the Family Law Act 1996 for more details)
an HM Revenue & Customs charge in respect of a liability for inheritance tax
an interest arising pursuant to an order under the Access to Neighbouring Land Act 1992
a variation of a lease effected by or under an order made under section 38 of the Landlord and Tenant Act 1987 (including any variation as modified by an order under section 39(4) of that Act)
a public right
a customary right (a customary right is one that is enjoyed by some or all of the inhabitants of a particular locality)

2.4.2 Points to consider when deciding which type of notice to apply for

There is no difference in priority between a unilateral notice and an agreed notice.

An applicant may prefer an agreed notice where they can get the relevant proprietor’s consent or can, in the absence of a consent, satisfy the registrar as to the validity of their claim.

Where the applicant is unable to get the consent of the relevant proprietor and it is not clear that the evidence will be sufficient to satisfy the registrar as to the validity of the claim, the applicant may choose to apply for a unilateral notice, as the interest claimed will be protected from the moment of the application.

The applicant might also choose to apply for a unilateral notice when seeking to protect an interest of a commercially sensitive nature and wishes to take advantage of the confidentiality afforded by the limited wording of the unilateral notice entry.

In some cases, the fact that the identity and address of the beneficiary of a unilateral notice will be entered in the register will make that form of entry preferable. These details can be updated if the identity of the beneficiary should change (see Registration of a new or additional beneficiary of a unilateral notice).

However, the applicant should always be aware that the beneficiary of a unilateral notice may be required at any time to prove the validity of their claim.

2.5 Apply for an agreed notice

2.5.1 Applying for an agreed notice

To apply, you should include an ‘agreed notice’ transaction in your application and upload form AN1.

The application must be accompanied by the fee prescribed under the current Land Registration Fee Order, see HM Land Registry: Registration Services fees.

It must be clear from the application whether the interest affects all or part of the registered title.

If the interest affects only part of the registered title, a plan showing the extent of the land affected should be included unless that part is identified clearly on the title plan for the registered title (rule 213 of the Land Registration Rules 2003).

A failure to provide this information correctly may lead to requisitions and delay the completion of the application.

2.5.2 Applications made with the cooperation of the relevant proprietor

Unless the applicant can satisfy the registrar of the validity of the interest claimed, the application must be made by or with the consent of the relevant proprietor, or by or with the consent of someone who is entitled to apply to be registered as the relevant proprietor (section 34(3)(a) and (b) of the Land Registration Act 2002).

Where the applicant (or the person giving their consent) is entitled to be registered as proprietor, evidence of that entitlement must be lodged. Three common examples where someone may be entitled to be registered as proprietor are:

where they have recently taken a transfer of the estate or charge but have not yet become registered as proprietor. For example, where form AN1 is lodged at the same time as the application for registration
where the sole relevant proprietor has died and they are the personal representative
where they are the trustee in bankruptcy of the relevant proprietor and the estate or charge forms part of the bankrupt’s estate

Where there are joint proprietors or there are people who, jointly, are entitled to be registered as the relevant proprietor, all must consent or join in as applicants. Any consent lodged with the application should be given in panel 11 of form AN1 but may be lodged separately.

2.5.3 Applications based on evidence rather than consent

Where the application is not made by or with the consent of the relevant proprietor, or someone entitled to be registered as such, it must be accompanied by sufficient evidence to satisfy the registrar of the validity of the applicant’s claim (rule 81(1)(c) of the Land Registration Rules 2003).

The evidence required to satisfy the registrar of the validity of the claim will of course vary on a case-by-case basis. Examples illustrating the type of evidence that may satisfy the registrar of the validity of a claim include:

a certified copy of the original instrument, signed or executed by the relevant proprietor, where the interest is claimed to have been created by express grant from the proprietor
a sealed court order in proceedings to which the relevant proprietor is or has been a party, where the interest is claimed to have arisen from that order or where the order declares the validity of the interest
the sealed claim form and notice of issue, where the interest to be protected is a pending land action
a sealed court order for the sale of the registered estate

2.5.4 Details of the nature of the applicant’s claim

Whether the application is based on evidence to support the claim or the cooperation of the relevant proprietor, it must be accompanied by either:

the order or instrument (if any) giving rise to the interest claimed
details from which the registrar can ascertain the nature of the interest claimed (where there is no order or instrument to lodge) (rule 81(1)(b) of the Land Registration Rules 2003)

This information is necessary so that the registrar can ascertain that the interest claimed is of a type that may be protected by notice, and so that details of the interest in the register can be entered as part of the notice entry.

2.5.5 Protect the confidentiality of the interest

Most documents held by the registrar may be inspected by any member of the public (section 66(1) of the Land Registration Act 2002).

Where a document lodged with an application contains information of a personal or commercially sensitive nature, the applicant should also consider applying to have the document designated an ‘exempt information document’.

For information about inspecting documents held by the registrar, or about applying to have a document designated an exempt information document, see practice guide 57: exempting documents from the general right to inspect and copy.

2.6 Apply for a unilateral notice

2.6.1 Applying for a unilateral notice

To apply, you should include a ‘unilateral notice’ transaction in your application and upload form UN1.

The application must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order, see HM Land Registry: Registration Services fees.

It must be clear from the application whether the interest affects all or part of the registered title.

Form UN1 should always be signed in panel 13, as well as being appropriately signed in panel 11 or 12 by the applicant or a conveyancer.

A failure to provide this information correctly may lead to requisitions and delay the completion of the application.

2.6.2 Details of the nature of the applicant’s claim

Details of the nature of the interest claimed must be set out in the relevant panel of form UN1. This information may be given either:

in the form of a statement by the applicant
in a certificate given by a conveyancer on the applicant’s behalf (Note: If a conveyancer completes panel 12 they may sign it either in their own name or in the name of their firm or other body for whom they work, provided that, in the latter case, they or at least one person in the firm or body is a “conveyancer” within the meaning of rule 217A of the Land Registration Rules 2003. If they sign in the firm/employer’s name, we will assume that they have satisfied themselves that they meet the requirements of rule 217A and will rely on the certification.)

If there is more than one applicant and they choose to give a statement, that statement must be given by all the applicants. Where the applicant is a corporation the person giving the statement should confirm their position and that they are authorised to give the statement on behalf of the corporation.

A statement or certificate which does not name any of the parties where there is an instrument under which the interest arises is not acceptable.

When referring to the registered owner of the property, you should refer to them by name and not just as “the registered proprietor”.

Any discrepancy with the name shown in the register should be explained as should any situation where the registered proprietor is not a party to an instrument under which the interest has arisen.

The statement or certificate should disclose the applicant’s interest; for example, reference to a written agreement without supplying further particulars is not acceptable.

An explanation should also be given where the interest is the subject of pending court proceedings or a court order to which the registered proprietor is not a party. Where the notice relates to a charging order, see section 3.4 of practice guide 76: charging orders.

The applicant is not required to lodge any other document in support of their claim. The application will be considered based on the statement provided in the relevant panel of form UN1.

Where additional documents uploaded are superfluous and the statement provided in the UN1 is sufficient, it is unlikely that these additional documents will be retained. However, if other documents are uploaded and retained, they will be available for public inspection (see Retention of documents lodged with applications), for further information).

2.6.3 Identify the beneficiary of the notice

An application for a unilateral notice must identify who is to be named in the entry as the beneficiary of the notice and must provide up to 3 addresses for service to be entered in the register.

The addresses given may be postal, DX or electronic addresses although one must be a postal address, though not necessarily an address in the UK (rules 198-9 of the Land Registration Rules 2003 provide further information about addresses for service and when service shall be regarded as having taken place).

Any cancellation notice in respect of the unilateral notice will be sent to the beneficiary at the addresses for service in the register. Where appropriate, one address given may be ‘care of’ the beneficiary’s conveyancer to ensure that a cancellation notice is not inadvertently overlooked when received.

Where the beneficiary is a company or limited liability partnership registered anywhere in the United Kingdom you must include its company registration number in panel 6 of form UN1. If the beneficiary is a company incorporated outside the United Kingdom you must include the territory of incorporation and if the company is registered at Companies House in England or Wales (but not Scotland or Northern Ireland) the registration number issued by Companies House. Overseas companies may be registered at Companies House if they have a branch or place of business in England and Wales.

2.7 Cancel and remove notices from the register

2.7.1 Cancellation of a notice (other than a unilateral notice)

To apply, you should include a ‘cancel a notice (other than a unilateral notice)’ transaction in your application and upload form CN1. The application must be accompanied by appropriate evidence to satisfy the registrar that the protected interest has come to an end (see Documents lodged with applications regarding retention of documents sent to us). This should include where appropriate evidence of devolution of title to the interest.

There is generally no fee for making the application. However, where the cancellation is to reflect the determination of an unregistered lease, a fee is payable as prescribed under the current Land Registration Fee Order, see HM Land Registry: Registration Services fees. For cancellation of a notice of an unregistered lease, the fee is fixed under Schedule 3 Part 1 (7) of the current Land Registration Fee Order, unless the application is accompanied by one which attracts a scale fee.

Neither the Land Registration Act 2002 nor the Land Registration Rules 2003 restrict who may apply for cancellation, but the registrar may only approve the application if satisfied that the interest protected has come to an end. If the interest protected by the notice has only come to an end in part, the registrar must make an appropriate entry.

If the registrar is not satisfied that the interest protected by the notice has come to an end, details of the circumstances in which the applicant claims the interest has determined may be entered in the register (rule 87(4) of the Land Registration Rules 2003).

2.7.2 Cancellation of a unilateral notice

‘Cancellation’ of a unilateral notice is the term used in section 36 of the Land Registration Act 2002 to describe the procedure whereby a proprietor can request the registrar to take a unilateral notice off the register.

Only the registered proprietor of the estate or charge to which the note relates (or someone entitled to be registered as proprietor) may apply to cancel a unilateral notice, but they may do so at any time without giving reasons for doing so. Note that where a unilateral notice has been entered against a registered estate, the proprietor of a charge registered against the same estate is not entitled to apply to cancel the notice. Where there are joint proprietors, or more than one person is entitled to be registered as a joint proprietor, then it so considered that each of the joint proprietors, or each of those people, must apply.

If the application is made by someone entitled to be registered as the relevant proprietor, the applicant must also provide evidence of their entitlement. A conveyancer’s certificate in panel 9 of form UN4 is sufficient to comply with our requirements. If no conveyancer is acting evidence of the applicant’s entitlement must be lodged with the application.

To apply, you should include a ‘cancellation of a unilateral notice’ transaction in your application and upload form UN4.

When an application to cancel a unilateral notice is received, the registrar will serve notice of the application on the beneficiary who then has a set period of 15 working days in which to object to the application and show an arguable case for the validity of the interest claimed. If the beneficiary does not object to the application within that period, or any extension to it, or, having objected, fails to show an arguable case, the notice is cancelled. Where there are 2 or more people shown as the beneficiary of a notice, each one may object (rule 86(8) of the Land Registration Rules 2003).

Any dispute about whether the notice should be cancelled that cannot be resolved by agreement will be referred to the tribunal – see practice guide 37: objections and disputes, HM Land Registry practice and procedures for more information.

2.7.3 Removal of a unilateral notice

‘Removal’ of a unilateral notice is the term used in section 35(3) of the Land Registration Act 2002 to describe the procedure whereby a unilateral notice is withdrawn at the request of the beneficiary.

To apply, you should include a ‘removal of a unilateral notice’ transaction in your application and upload form UN2. There is no fee for making the application.

Only the person registered as beneficiary of a unilateral notice, or in appropriate cases the personal representative or trustee in bankruptcy of the beneficiary, may apply to remove the notice. Where a personal representative or trustee in bankruptcy applies, they must lodge evidence of their entitlement to apply which can be in the form of a conveyancer’s certificate in panel 6 of form UN2.

If the benefit of the interest protected has passed to someone else, for example by way of transfer, you must apply by including the ‘amendment of a unilateral notice’ transaction and upload form UN3 for amendment of the unilateral notice by registration of the new or additional beneficiary before you can make an application to remove it.

2.7.4 Notice in respect of a charge that is subsequently completed by registration

Where:

charge A is created before charge B (so charge A has priority over charge B, as first in time – section 28(1) of the Land Registration Act 2002)
notice is entered in the register in respect of charge A
subsequently, charge B is completed by registration – at this stage the effect of charge A being noted is that its priority is protected as against charge B (section 29(2)(a)(i) of the Land Registration Act 2002)
later, charge A is also completed by registration

cancellation or removal of the notice might result in the first charge losing its priority to the second charge (there is, as far as we are aware, no case law on the point). This is because registered charges rank, as between themselves, according to the order in which they are entered in an individual register (section 48(1) of the Land Registration Act 2002, rule 101 of the Land Registration Rules 2003). It is arguable that retaining the notice in respect of charge A constitutes “an entry in the individual register to the contrary” for the purposes of rule 101, and so allows for that charge to retain its priority over charge B. We will not automatically remove the notice in respect of a charge when subsequently completing the grant of a charge by registration, but it would still be advisable to make clear, when applying to register the charge, that the notice is to remain in the register, so that this is done.

You may also wish, when applying for substantive registration of charge A in the scenario given, to apply at the same time for an entry to be made that expressly provides for the charge to have priority to charge B, rather than relying on the notice ensuring the retention of this priority; see practice guide 29: registration of legal charges and deeds of variation of charge - Application to register a charge.

2.8 Variations to interests that have been noted

2.8.1 Variation of a noted interest

Where an interest that has been noted in the register is varied, the priority of the interest, as varied, may be protected in one of two ways.

By applying to cancel the existing notice (or in the case of a unilateral notice, by applying to remove it) and applying for a new notice in respect of the interest as varied
By applying for an additional notice in respect of the variation

As the date on which the original notice was entered may be important to establish its priority, the registrar will not usually agree to alter the terms of an existing notice to reflect a variation in a third-party interest that has been agreed subsequently.

2.8.2 Registration of a new or additional beneficiary of a unilateral notice

In order that the register may be kept up to date, someone who is or has become entitled to the benefit of an interest that is protected by a unilateral notice may apply to be entered as the beneficiary. They may apply to be entered in substitution for one or more of the people already entered as ‘the beneficiary’ or to be added to them (rule 88 of the Land Registration Rules 2003).

It will be important for someone with the benefit of the claim to ensure that they are entered as beneficiary, as only the beneficiary is entitled to object to an application to cancel the notice (section 73(3) of the Land Registration Act 2002).

To apply, you should include a ‘amendment of a unilateral notice’ transaction in your application and upload form UN3. Your application must be accompanied by the fixed fee prescribed under the current Land Registration Fee Order, see HM Land Registry: Registration Services fees.

The application must be accompanied by sufficient evidence of the applicant’s entitlement to satisfy us that the claimed interest that is protected by the notice is vested in the applicant, either in place of one or more of the people registered as the beneficiary or as well as them. A conveyancer’s certificate in panel 11 of form UN3 is sufficient to comply with our requirements.

Note that, as we did not need to be satisfied that the claim was valid to enter the notice in the first place, the evidence required for this application need only show that the applicant is entitled to the benefit of the claim, not that the interest claimed is valid.

The existing beneficiary should, where possible, be asked to sign the form UN3 or consent to the application. If they do not lodge a consent, the registrar will serve notice on the current beneficiary unless the applicant is the personal representative of the beneficiary and lodges evidence of their entitlement to act.

If there is any dispute about whether the new claimant or the existing beneficiary is the person entitled to the benefit of the interest protected, the new claimant could apply for a new notice rather than applying to be registered as beneficiary of the existing notice.

Practice guide 19: notices, restrictions and the protection of third-party interests in the register

2. Notices