Home > Land > Notices and Restrictions Registered Against Land

Notices and Restrictions Registered Against Land

By: Louise Smith, barrister - Updated: 26 Sep 2017 | comments*Discuss
 
Land Land Registry Registered 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.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Answer : welly From what you say the sister company will find it hard to prove there is a debt owed. They will first try snd say that the contract was novated/changed or dold to them - but given you say the works were never completed you coukd with a good solicitor prove 1. That the contract was rescinded by mutual consent 2. That the sister company owes damages snd monies if it has in fact taken over the contract for breach of its terms by not completing it. In otherwords this is a straightforward matter which with a good hard nosed solicitor you can get rid of - a few hard nosed letters should do the trick but they it looks like they had planned this and possibly done it to many others so they may fight all the way !
Solicitors - 26-Sep-17 @ 1:59 AM
My ex partner has filed b156 notice and ap1 and rx1 He is claiming there was a implied trust or proprietary estoppel He wishes for a restriction No dispositon of the registered estate other than a disposition by the propriertot of any registered charge before the entry of this restriction is to be registered without a certificate signed by the applicant for registration that the written notice of the disposition was given to ----- At present waiting for 1st tier hearing - can I not sell mu house till it's heard ??
Sassy - 3-May-17 @ 12:12 PM
Hi,I'm after some after and someone that can act on our behalf. We sold a pre operate last year (November) and everything went through fine. It has then come to light we have a restriction on the land registry documents although this was not identified by ours or the buyers solicitor prior to completion. We did not know about this restriction. Back in November 2013 we applied for window and doors through the green deal scheme. The work was started but never completed due to many error and mishaps by the company. Russ Cowan the then company director made many visits (unfortunately he has since passed away). Eventually the workers cancelled and this was agreed by Russ Cowen due to the poor workman ship and constant problems. We never heard another this from the company which has since gone into liquidation. The company have never been in contact or sent us anything at all. We have now been told of this restriction and a sister company has sent a bill to say we owe £7500 plus interest of 0.65p since the day we signed the agreement. Can you help or advise us what to do from now.
Welly - 18-Mar-17 @ 4:37 PM
Hi would you please explain the restriction on tittle are in same principal as charging order.In other word if the property to be sold the interest of the third party with the restriction on tittle has to be paid off in full. Otherwise the the third party won't give their consent to property to be sold or can any negotiations be done between third party and landlord ie the third party to accept half or more but not full interest. Your comment highly appreciated.
mo - 7-Mar-17 @ 10:59 AM
My sister has placed a Restriction on a property in the carribean that my mother left for 5 sibblings. As executors once the queries have been answered can this proper be sold? Can we have the restrictions removed?
Ljmitch - 20-Feb-17 @ 12:02 PM
I'd be very grateful for some advice, my father left half of his house to myself in his will and the other half to my stepmother.She currently lives in the property.She has pretty much cut me out of her life and we no longer talk at all. Is it possible for me to lodge a caution at the land registry preventing my step Mother disposing of my Father’s property without notice or recourse first to myself? or do i have to use a solicitor? Many thanks Lianne
Lianne - 25-Jan-17 @ 4:49 PM
rogerpipes - Your Question:
Several years ago I took out a caution on an unregistered piece of land, which was next to some land I owned.I have since sold my piece of land, but still have the caution on the unregistered piece of land.Can I transfer my caution to somebody who owns land next to the unregistered land?This land is not the land I sold.

Our Response:
We're not sure whether you can transfer a caution on a piece of land (especially as it's to someone who different land from the land you sold). You can as a cautioner, apply to withdraw your caution on the basis that you no longer hold the interest in the estate to which the caution relates.
DIYConveyance - 20-Jan-17 @ 12:21 PM
Several years ago I took out a caution on an unregistered piece of land, which was next to some land I owned. I have since sold my piece of land, but still have the caution on the unregistered piece of land. Can I transfer my caution to somebody who owns land next to the unregistered land? This land is not the land I sold.
rogerpipes - 19-Jan-17 @ 9:15 AM
Smudge1000 - Your Question:
My wife died recently. We owned our house in joint names ( no mortgage) as tenants in common in equity in equal shares. In her will she bequeathed to me a life interest in possession of her share and upon my death her share will go to her daughter and son. I am an executor to her estate and the daughter and son are the other executors. What do I need to do to change the proprietorship register and does a restriction need to be entered to protect the future interest of the daughter/son?

Our Response:
We think this may be recorded at the Land Registry but you might need to seek the advice of a solicitor to verify this.
DIYConveyance - 25-Nov-16 @ 2:26 PM
My wife died recently.We owned our house in joint names ( no mortgage)as tenants in common in equity in equal shares. In her will she bequeathed to me a life interest in possession of her share and upon my death her share will go to her daughter and son.I am an executor to her estate and the daughter and son are the other executors. What do I need to do to change the proprietorship register and does a restriction need to be entered to protect the future interest of the daughter/son?
Smudge1000 - 24-Nov-16 @ 2:57 PM
Ali - Your Question:
I'm am sole executor of my mother who died recently. She lived with my younger sister in an annex converted from the pre-existing garage for which I mum paid, I believe, around £20,000/£25,000. Against my advice no formal agreement was made although it was common knowledge within the family that she had made this investment in my sister's property. We are not the beneficiaries under the will. Just before she died my mum confirmed that my sister "knew the amount involved". My sister has now said there was no investment or agreement. I am going to try to persue this further but can I register a caution against the property to prevent it being sold and/or charged until it is resolved. Incidentally she has recently refinanced the property in the knowledge that my mum had less than 3 months to live and that would have been the perfect opportunity to do the right thing.

Our Response:
You should ask a solicitor about this really. Did you sister offer part of her own property for your mum to live in (albeit your mother paid towards the conversion herself)?
DIYConveyance - 23-Nov-16 @ 10:31 AM
I'm am sole executor of my mother who died recently. She lived with my younger sister in an annex converted from the pre-existing garage for which I mum paid, I believe, around £20,000/£25,000. Against my advice no formal agreement was made although it was common knowledge within the family that she had made this investment in my sister's property. We are not the beneficiaries under the will. Just before she died my mum confirmed that my sister "knew the amount involved". My sister has now said there was no investment or agreement. I am going to try to persue this further but can I register a caution against the property to prevent it being sold and/or charged until it is resolved. Incidentally she has recently refinanced the property in the knowledge that my mum had less than 3 months to live and that would have been the perfect opportunity to do the right thing.
Ali - 22-Nov-16 @ 12:51 PM
fl89 - Your Question:
Hi. The court have put a restriction on my home without my permission, can they do this? It relates to a POCA order but only to one of the joint owners of the home

Our Response:
We really don't have enough information here, you'd be better off asking a solicitor about this.
DIYConveyance - 6-Jun-16 @ 11:44 AM
Hi. The court have put a restriction on my home without my permission, can they do this? It relates to a POCA order but only to one of the joint owners of the home
fl89 - 3-Jun-16 @ 10:20 PM
Jen12 - Your Question:
It is such a long story. I really do not know where to start. So much stress and panic attacks.Still going on about three years now.The court lost my paperwork in chambers.Horrible.Third party lawyer harassed me so much and got a way with it. So much more has happens.  A small County Claim from an Ex Commercial Landlord who lied about every thing because I rejected his flirting with me and he would not give me my deposit back.Much , Much.More happened. The debt he said I owed him, started at £1,600. Now two charges on my home.and Bankruptcy proceedings They want over "£23,000" to stop it all.Because I am a pensioner, my three son's are going to pay the debt till we sell our home {Which is mostly Lawyers Bill) I am in tears as I relive this ongoing nightmare.My husband is very ill with a life threatening illness and we are in France looking to buy a new house before they take our home completely There were so many things that happened.Had I a Lawyer myself.I would have had a good chance of winning the case.I had 4 witnesses Even the police and a local Magistrate They all sent letters proving I never did anything wrong.But before the case went to trial.The case got thrown out of court. The creditors solicitor has stalked me harassed me and so has his clientMy sons are going to pay the house charges this week.They and a friend of mine range him to let him know this.But he was aggressive and rude to them all.He has added extra money onto my account and even though my house is being sold and we are paying his client and the solicitors costs ;HE HAS STARTED BANKRUPTTCY PROCEEDING AGAINT ME.He told my friend if I do not pay all the money he is asking.He will carry on with the bankruptcy and the I will have to pay more to him.I really do not know what to do.?Thank youJenny Baughan

Our Response:
Here are some things you should do:
Keep a detailed record of everything that has happened.
Report the landlord/his debt collectors to the police for harrassment and unreasonable charges (they may not be able to do much but it will be on record...being harassed by a creditor can be a criminal offence)
Talk to Citizen's Advice and/or a debt charity like Step Change
Write a formal letter to the company saying you have reported it to the police. Ask that the unreasonable charges are removed and that you only want to be contacted by post. Keep copies of all correspondence.
Complain to a the Financial Ombudsman about the debt collectors and to your local MP and/or the Landlord's association about the Landlord.
DIYConveyance - 3-Jun-16 @ 11:14 AM
It is such a long story... I really do not know where to start ... So much stress and panic attacks...Still going on about three years now...The court lost my paperwork in chambers...Horrible...Third party lawyer harassed me so much and got a way with it. So much more has happens.  A small County Claim from an Ex Commercial Landlord who lied about every thing because I rejected his flirting with me and he would not give me my deposit back ....Much , Much ...More happened. The debt he said I owed him, started at £1,600. Now two charges on my home ...and Bankruptcy proceedings They want over "£23,000" to stop it all...Because I am a pensioner, my three son's are going to pay the debt till we sell our home {Which is mostly Lawyers Bill) I am in tears as I relive this ongoing nightmare...My husband is very ill with a life threatening illness and we are in France looking to buy a new house before they take our home completely There were so many things that happened...Had I a Lawyer myself ...I would have had a good chance of winning the case...I had 4 witnesses Even the police and a local Magistrate They all sent letters proving I never did anything wrong...But before the case went to trial...The case got thrown out of court... The creditors solicitor has stalked me harassed me and so has his client My sons are going to pay the house charges this week...They and a friend of mine range him to let him know this...But he was aggressive and rude to them all...He has added extra money onto my account and even though my house is being sold and we are paying his client and the solicitors costs ;HE HAS STARTED BANKRUPTTCY PROCEEDING AGAINT ME...He told my friend if I do not pay all the money he is asking..He will carry on with the bankruptcy and the I will have to pay more to him. I really do not know what to do...? Thank you Jenny Baughan
Jen12 - 2-Jun-16 @ 2:32 PM
Alison L - Your Question:
My father died suddenly in 2001 leaving substantial debts. Although my sister and I have tried to deal with most of them there are three cautions on my mother's house from banks my Dad owed business debts too. We do not know how much they were for but it was said that it was at 9pc compound interest! We have written to these creditors and have not received replies or information. Now the house is in a terrible state of repairs because Mum, who is now 80, has no money to pay for refurbishments (there is no working bathroom for example but only an ensuite shower, taps furred up, constant electric wiring problems). Recently, she has had a fourth fall and now needs considerable care, possibly in a care home. There is also an outstanding second mortgage on the property that Mum didn't agree to. How can we get rid of the cautions, so we can get her a nice bungalow/flat with all the things an old lady needs please?

Our Response:
There seem to be a lot of factors to consider here, so it would be unfair for us to try and give you advice in a response on this page. You should take all this information to the Citizens Advice Bureau or if you can afford it a good, impartial financial adviser. The probate solicitor should also be able to advise you which debts can be written off etc.
DIYConveyance - 31-Mar-16 @ 2:29 PM
My father died suddenly in 2001 leaving substantial debts.Although my sister and I have tried to deal with most of them there are three cautions on my mother's house from banks my Dad owed business debts too.We do not know how much they were for but it was said that it was at 9pc compound interest! We have written to these creditors and have not received replies or information. Now the house is in a terrible state of repairs because Mum, who is now 80, has no money to pay for refurbishments (there is no working bathroom for example but only an ensuite shower, taps furred up, constant electric wiring problems).Recently, she has had a fourth fall and now needs considerable care, possibly in a care home.There is also an outstanding second mortgage on the property that Mum didn't agree to.How can we get rid of the cautions, so we can get her a nice bungalow/flat with all the things an old lady needs please?
Alison L - 29-Mar-16 @ 3:11 PM
shaz - Your Question:
Someone owes me around £150,000 I am in the process of issuing a claim but I have found out that the person owes money to a bank amounting to around £150,000. He owns I think around three properties and the bank has a charge against one. The bank have been chasing him for payment since 2014. I am worried about my debt and I want to protect my claim against him via his properties how do I go about doing this?

Our Response:
You might want to seek the advice of a solicitor here.
DIYConveyance - 23-Mar-16 @ 2:37 PM
Someone owes me around £150,000 I am in the process of issuing a claim but I have found out that the person owes money to a bank amounting to around £150,000. He owns I think around three properties and the bank has a charge against one. The bank have been chasing him for payment since 2014. I am worried about my debt and I want to protect my claim against him via his properties how do I go about doing this?
shaz - 20-Mar-16 @ 4:48 PM
We want to purchase a thin strip of land (15x2m) that runs alongside our garden from the council. the local solicitors want £600-700 to act on our behalf. This is on top of about a £1000 of fees from the council. Can we act on out own behalf? Can some one help and point us in the right direction as were on a tight budget.
Weazlsnake - 5-Mar-16 @ 10:04 PM
Please can you advise me. I am eighty in Dec of this year and would like to pass the ownership of my house( a bungalow of current value £200,000 approx.) to my three sons. They are already written into my will for equal shares of the property. If they own the house I can feel easy about asking for their help with maintenance etc. There is no mortgage and there are no other other members of the family with a legal right to the property. I wonder if I can do this myself and if there are forms I can obtain to do this. I really would appreciate advice. I do not wish to appoint a solicitor if possible. Many thanks. Alice
Concerned parent - 19-Feb-16 @ 4:41 PM
I put a B62 charge on a property I had an interest in, I now need to remove this charge,before Friday,how do I do this?
Sparrer - 26-Oct-15 @ 2:42 PM
somebody owes me money i gave them to purchase something from them. they never fulfilled their part of the deal and I cannot seem to get my money back they keep giving excuses and lately do not even answer my phone calls. i intend to take them to a claims court and eventually register a charge on their property but am a bit broke at the moment. i therefore want to put a caution on their property just so they do not sell up and run away before i have taken them to court. what is the procedure and cost of putting a caution(as it used to be called,) would you advise me to put a notice or a restriction
mikey1111 - 13-Aug-14 @ 1:00 PM
Hi, I own a small holding in Scotland. When we bought it 14 years ago, the seller wrote some 'Burdens' or restrictions into the deed.They are things like "The commercial keeping of pigs is prohibited on the land".They were no problem for us because they did not restrict what we wanted to do here. Now we want to sell and it seems that these burdens are putting people off buying the place.We have had a few viewers and when it comes to explaining what the burdens are, I can see they start to look worried. I was wondering how difficult it would be to have these burdens lifted.The chap that owns the land that has the right to enforce these burdens is nice, and we have only seen him twice in the 14 years we have lived here - but, of course, the potential purchasers don't know that and I think they envisage a life where they are answerable to both the ordinary planning process and this private gentleman who just happens to own land next to the holding. Regards, Jonny
Jonny - 29-Dec-13 @ 3:34 PM
My church is running as trustees and on land registry there only four thrusters name appear. i believe if three of four of them agreed to sale thy can. my question will be is there any restriction can be done to prevent them fromSealing the property?
mesi - 12-Sep-12 @ 4:55 PM
i am currently trying to enter a restriction on behalf of a beneficiary against his sister who is a resident trustee and beneficiary of property.Looking at the Land Registration Rules 2003 schedule 4, 'Form N' seems the most secure but it states inter alia: no dispostion of the registered estate [(other than a charge)]... This wording would not seem to prevent the registered proprietor from taking out a loan or mortgage on the property.Or do they simply include that so that the courts would not be precluded from imposing a court orderadn placing a statutory charge on the property to secure creditors debts. Joe
Joe Kelly llb - 17-Nov-11 @ 7:41 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the DIYConveyance website. Please read our Disclaimer.