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

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

3.5 How to apply for a restriction

3.5 How to apply for a restriction

3.5.1 Applying for a restriction

Most applications for restrictions should be made in form RX1. To apply, you should include a ‘restriction (standard wording)’ transaction in your application and upload form RX1.

Before applying, please think carefully about the disposition that you wish to restrict. Is it against a disposition of the registered estate or against a disposition of a registered charge? Select the standard form restriction as appropriate to your circumstances. Remember that a standard form restriction against a disposition of a registered charge will appear in the charges register of the title concerned.

However, you may apply for any standard form restriction by making the application in:

Note 1: You must include words of application such as “the transferee applies to register the following restriction…”. It is not sufficient to enter just the wording of the restriction without saying who is applying for it.

Note 2: Where the application for the restriction is lodged with other applications, the priority order of the applications is governed by rule 55 of the Land Registration Rules 2003. This means that the restriction may catch other applications lodged at the same time unless the applicant specifies that the restriction ranks last in the order of priority of the applications. This should be done by selecting the transactions in the order of priority to show ‘restriction’ as the last application, or alternatively provide written confirmation of the priority of the applications.

Note 3: However, where an application is made to enter a restriction in Form LL at the same time as an application to register another disposition, we will treat the application to register the other disposition as having priority unless informed otherwise. For example, where an application for a Form LL restriction is contained within a transfer and application is made at the same time to register a charge, we will proceed on the basis that the application to register the charge has priority over the application to enter the restriction in Form LL, unless the application clearly states otherwise.

Note: The restriction in clause LR13 must be preceded by the words of application as set out in schedule 1A, Land Registration Rules 2003. These words form part of the prescribed clause and must not be removed.

An application for a Form A restriction can also be made by including the ‘severance of joint tenancy’ transaction in your application and uploading form SEV.

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

If you are applying for more than one restriction, you should select the appropriate ‘restriction’ transaction and upload form RX1 for each restriction being applied for.

Form RX1 is intended to be used for applying for one restriction only but we will accept an application if a single form RX1 is used to apply for different restrictions provided (a) the applicant, and (b) the reason given as to the entitlement to apply for the restrictions, are the same. If the applicant or the entitlement to apply are different, separate forms must always be used.

3.5.1.1 When an application must be in form RX1

Any application to register a restriction must be made using form RX1 unless made otherwise in accordance with Applying for a restriction.

If the wording of the restriction you are applying for does not correspond exactly to one of the standard forms in Schedule 4 to the Land Registration Rules 2003, then you must include the ‘restriction (non‑standard wording)’ transaction and upload form RX1.

Examples of applications requiring form RX1 include:

  • applications for restrictions contained in documents that are not prescribed disposition forms (for example, option agreements, deeds of covenant and deeds of grant of easements)

  • applications for restrictions contained in non‑approved charges

  • applications for any restriction that does not follow a standard form of wording

If we have already completed the other elements of an application, then a new application for a restriction in form RX1 will require an additional fee.

3.5.2 Applications for a restriction contained in a lease

In general, no effect will be given to an application to register a restriction contained in the body of a lease.

However, any lease containing clauses LR1 to LR14 of Schedule 1A to the Land Registration Rules 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This includes prescribed clauses leases granted on or after 19 June 2006. If clause LR13 is not completed in such a lease, any application to register a restriction contained within the body of the lease will be ignored. For information on drafting the restriction where it relates to covenants contained in a lease, please see practice guide 19A: restrictions and leasehold properties.

Where a lease containing clauses LR1 to LR14 of Schedule 1A to the Land Registration Rules 2003 is lodged for registration, and the standard form restriction is to be entered against titles other than the landlord’s or that created by the registration of the lease, it will only be registered if clause LR2.2 is also completed (rule 72A(4) of the Land Registration Rules 2003).

Where application is made against a title other than the landlord’s or that created by the registration of the lease, evidence may be required of the consent of the registered proprietor, or of the person entitled to be registered as proprietor, or that the person applying has sufficient interest in the making of the entry. Where clause LR13 is used to apply for a standard form restriction and such evidence is required it should be lodged under a covering letter with the application to register the lease.

Clause LR13 may not be used to apply for a non-standard form restriction and a form RX1 should continue to be used.

Practice guide 64: prescribed clauses leases provides further information about prescribed clauses leases.

3.5.3 Information that must accompany the application

Your application must be accompanied by (see Documents lodged with applications regarding retention of documents sent to us):

  • full details of the restriction you are applying for
  • an address for service (to be included within the text of the restriction applied for at any appropriate point) for:
    • anyone named in a standard form restriction whose address is required by that restriction
    • anyone named in any other restriction whose consent or certificate is required or to whom notice must be given by the registrar or another person
  • where the restriction refers to a company or limited liability partnership registered anywhere in the United Kingdom, the company registration number in the restriction immediately after the name (if the restriction names 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)
  • where the application is made with the consent of the relevant proprietor, either:
    • the consent (which can be given in panel 11 of form RX1)
    • a certificate given by a conveyancer confirming that he holds the relevant consent (second option in panel 8C of form RX1, or the additional provisions panel of the forms mentioned in Applying for a restriction
  • where the application is by someone entitled to be registered as the relevant proprietor, either:
    • evidence of the entitlement
    • a certificate given by a conveyancer confirming they are satisfied that person is entitled to be registered and either the conveyancer holds the original documentary evidence of the entitlement or there is a pending application to register that person as proprietor at HM Land Registry. This could be either the second option of panel 8B of form RX1, or the additional provisions panel of the forms mentioned in Applying for a restriction
  • where the application is made by or with the consent of someone entitled to be registered as the relevant proprietor, either:
    • the relevant consent (which can be given in panel 11 of form RX1) and evidence of their entitlement
    • a certificate given by a conveyancer confirming they are satisfied that person is entitled to be registered as proprietor and either the conveyancer holds original documentary evidence of the entitlement or there is a pending application to register that person as proprietor at HM Land Registry. In this case, we need a certificate that the relevant consent accompanies the application (second option in panel 8D of form RX1). Consent can be given in panel 11 or a certificate that they hold the originals of the documents containing evidence of that person’s entitlement, or an application for registration of that person as proprietor is pending at HM Land Registry (third option in panel 8D of form RX1)
  • where the application is not made by or with the consent of the relevant proprietor:
    • evidence of your interest in the making of the application (details of the nature of the interest and of how that interest arose must be given either as a statement by the applicant in panel 12 or as a conveyancer’s certificate in panel 13 of form RX1. When referring to the registered owner of the property, you should refer to them by name and not just as “the registered proprietor”. Where it is available, documentary evidence of the interest should be lodged with the application. Although there may be no documentary evidence where the interest is a resulting or constructive trust we would expect to see documentary evidence for all other restrictions (apart from restrictions in Forms D, E, or F))
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