Land registration—restrictions
Land registration—restrictions

The following Property practice note provides comprehensive and up to date legal information covering:

  • Land registration—restrictions
  • What form must the restriction take?
  • Who can enter a restriction?
  • Can a restriction be imposed?
  • Can anyone object to the entry of a restriction?
  • Can the restriction be modified, withdrawn or cancelled?
  • Complying with a restriction — practical considerations
  • Pre-2002 restrictions, inhibitions and cautions

A restriction can be entered in the register and indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to prevent the registration of a disposition, or to require certain steps to be taken before a disposition can be registered (eg providing evidence of consent given by the person with the benefit of the restriction). The restriction may prohibit the registration of any disposition or may be limited to a disposition of a specified kind. It may prohibit the making of an entry indefinitely or for a particular period or until the occurrence of a specified event such as the giving of notice, obtaining of consent or the making of an order by the registrar or the court.

A restriction is generally used for one of two purposes:

  1. to protect the interests of someone other than the registered proprietor; for example, an interest under a trust of land (the aim of the restriction being to ensure that the interests are overreached on any disposition) or

  2. to ensure that the registered proprietor complies with any limitation on their powers of disposition; for example, the restriction imposed on a non-exempt charity

A restriction can also form part of the mechanism used to pass on the burden of a positive freehold covenant including covenants for the payment of overage. A restriction is entered

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