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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

3.6 Court orders requiring the entry of a restriction

3.6 Court orders requiring the entry of a restriction

3.6.1 The court’s power to order the entry of a restriction

The court may make an order requiring the registrar to enter a restriction (section 46 of the Land Registration Act 2002). Forms AA to HH are the standard form restrictions that the court is most likely to order the registrar to enter, but it may also order the entry of a restriction in a different form.

If you intend to apply to court for an order that will require the registrar to enter a restriction that is not in one of the standard forms, please contact us first to ensure that the proposed form will be straightforward and will not place us under an unreasonable burden.

3.6.2 Application and fee

Although the order may be addressed directly to the Chief Land Registrar, you should make a formal application for the restriction to be entered. This will ensure that the restriction is entered against the correct titles.

To apply you should include the appropriate ‘restriction (standard wording)’ or ‘restriction (non-standard wording) transaction as part of your application upload the Court Order. In the Digital Registration Service, you will be prompted to upload an RX1, you should upload the Court Order in place of the RX1.

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

3.6.3 Overriding priority

The court may direct that the terms of the restriction must take priority over that afforded by any official search with priority that is pending when we process the application for the restriction (section 46(3) of the Land Registration Act 2002).

The restriction will then be entered immediately even if there is an unexpired priority period arising from an official search to protect the priority of a disposition that has not yet been lodged.

This direction may be appropriate if there is a risk that somebody may apply for an official search ‘with priority’ before the restriction can be entered so that they can register a disposition of the property without being caught by the terms of the restriction.

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