Notices and Restrictions Registered Against Land

In addition to information about ownership and any mortgages or loans secured against a property, the land register may also contain details of notices or restrictions which apply to the land.

Notices

A third party who has an interest in a particular piece of land may register a notice against the property’s title register. By registering a notice a party who has an interest in the land may prevent another individual from purchasing the land free of the interest. The notice does not necessarily confirm that the third party has a valid interest – only that they claim to have one.

A notice may either be agreed or unilateral:

• An agreed notice means that the owner has agreed to it being registered or that the third party has proved that their interest is valid. If evidence has been sent to the Land Registry to prove the interest it will be mentioned in the Register. Agreed notices are sometimes referred to by the Land Registry as “notices (other than unilateral notices)”.
• A unilateral notice is one which may be registered without the owner’s consent. No proof of the interest is required to register this kind of notice. An owner may object to a unilateral notice and demand that the third party prove that they have the interest claimed in the notice.

Cautions and Unilateral Notices

Previously an individual who had, or claimed to have, certain rights in relation to a property could register a caution against the property. The Land Registration Act 2002 replaced cautions with unilateral notices.

Cautions Against First Registration

Cautions against first registration apply to land which is currently unregistered. A person who has an interest in the land may register a caution against first registration. If an application is subsequently made to register the land, the person with the caution will be notified by the Land Registry. They will also have the opportunity to make representations regarding the proposed registration.

Matrimonial or Home Rights Notices

A spouse or civil partner who is not a registered proprietor of a property but who lives in at as their home may register a notice to protect their rights of occupation in respect of the property. The power to enter such a notice derives from the Family Law Act 1996. In practice such notices are only usually entered if the relationship breaks down and there are concerns that the spouse or partner who owns the property may dispose of it without warning their spouse or partner.

Restrictions

A restriction prevents “a registered disposition” of the land to which they relate. In other words restrictions have the effect of preventing a sale or other disposal of the land. A restriction could be absolute or simply prevent a sale or disposal without certain conditions being satisfied. Depending on what it specifically relates to a restriction may be entered in either the proprietorship register or the charges register.

Restrictions are entered at the discretion of the Land Registrar who will allow a restriction to be entered if it appears to him that it is necessary or desirable to do so. The Land Registrar may even register a restriction himself if he considers it appropriate to do so - even if no application has been made for one.

Bankruptcy Notices and Restrictions

If bankruptcy proceedings are started against an owner of land, a notice or restriction may be entered on the Land Register to protect the interests of the owner’s creditors and/or to prevent the owner from selling or dealing with the property while the bankruptcy proceedings are ongoing. The form of the entries will vary depending on whether the property is owned solely by the individual facing bankruptcy or jointly with others.

In most bankruptcies any property owned by the debtor is likely to be the largest asset available. It is, therefore, vital that this asset is protected until the bankruptcy proceedings have either been dismissed or ended in a bankruptcy order. If a sole owner of property is made bankrupt his interest in the property will ultimately be transferred to his trustee in bankruptcy. If the proceedings are dismissed the notices and restrictions may be removed upon an application by the owner.