Notices and restrictions
Notices and restrictions

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

  • Notices and restrictions
  • Notices
  • Agreed notices
  • Unilateral notices
  • Registrar's notice
  • Protecting home rights
  • Restrictions
  • Can anyone object to the entry of a restriction?

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.

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. A person who applies to enter a notice without reasonable cause commits a breach of statutory duty owed to any person who suffers damage in consequence.

Some interests in land cannot be subject to a notice, including:

  1. an interest under a trust of land or a settlement under the Settled Land Act 1925

  2. a lease that is granted for a term of three years or less from the date of the grant and is not required to be registered

  3. an interest under a relevant social housing tenancy

  4. an

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