Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in respect of which an order or judgment is to be enforced. The legislative provisions are contained in the Land Registration Act 2002 (LRA 2002).
Notices
A notice is a method by which a third party right is protected. A notice will appear in the charges register of the title affected. This will notify any potential purchaser of the creditor’s interest in the land. A notice binds any third party that acquires the land and replaced the caution against dealings available under the Land Registration Act 1925 (now repealed by LRA 2002). A notice does not prevent the legal owner from selling or otherwise dealing with the property. This can only be done by way of an application for a restriction (formerly a caution) on the title of the property.
A person who asserts the benefit of a third party interest may apply to the registrar for an entry in the register of a notice in respect of the interest.
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