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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

3.8 Applications to alter a restriction

3.8 Applications to alter a restriction

Sometimes it is necessary to alter the wording of a restriction to allow it to continue to work as intended when circumstances have changed.

Common examples include when the address of the person with the benefit of the restriction has changed or where the title number referred to in a restriction has changed.

Application for alteration of a restriction may also be appropriate in other circumstances including:

  • where the parties made an error in the deed or application form containing the application for the entry of a restriction (in such circumstances, unless there is a deed or order varying the original deed, application must also be made for the registrar to alter the document under rule 130 of the Land Registration Rules 2003). See section 5 of practice guide 68: amending deeds that effect dispositions of registered land where application is made under rule 130 of the Land Registration Rules 2003 for the registrar to correct a mistake made in the restriction applied for. You will generally need to show why it is not possible or proportionate to address this by other means – for example, by application for cancellation or withdrawal of the restriction and application for a new restriction to be entered. You will also need to produce evidence to show that there was a mistake in the document containing the application for entry of the restriction

  • where it is alleged that the registrar has made a mistake in the form of restriction entered

  • where the restriction requires the consent or certificate of a specified person as office holder (for example, a liquidator) and that person has changed

  • where there has been a change in the person responsible for the interest protected by the restriction (for example, where the consent of specified charity trustees is required under the terms of the restriction and where the charity trustees have changed)

  • where the right or interest protected by the restriction has been transferred or assigned and where the original applicant for the entry of the restriction had a sufficient interest in the making of the entry – that is, where the restriction was not entered only because the registered proprietor (or person entitled to be registered as proprietor) applied for or consented to the entry of the restriction

To apply alter a restriction include the ‘correction or alteration of register’ transaction in your application and upload evidence to justify the alteration requested.

See section 5 of practice guide 68: amending deeds that effect dispositions of registered land where application is made for the registrar to correct under rule 130 of the Land Registration Rules 2003 a mistake made in the restriction applied for.

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