What the land register can tell you
When you look at the official record for a property in England or Wales, you will find more than just the owner's name and details of any mortgage. The register may also show notices and restrictions that affect how the land can be dealt with.
These entries matter because they can limit what an owner can do with their property. If you are buying land or already own it, understanding these entries will help you know where you stand.
Notices on the land register
A notice is an entry that protects a legal interest in land belonging to another person. By placing a notice on the register, a third party ensures that anyone searching the title will see their interest recorded.
The presence of a notice does not automatically prove the underlying interest is valid. It does, however, mean that a buyer cannot later argue they knew nothing about the claim. This gives the notice real practical effect in disputes over priority.
Common examples of interests protected by a notice include:
- A right of way or other easement benefiting neighbouring land
- A lease, where the tenant wants their occupation recorded
- An option to purchase or a right of pre-emption
- Home rights under the Family Law Act 1996
There are two types of notice: agreed and unilateral.
An agreed notice is registered either with the owner's consent or because the applicant has provided satisfactory evidence of their interest to HM Land Registry. Official documents sometimes refer to these as notices other than unilateral notices.
A unilateral notice can be placed on the register without the owner's agreement and without proof of the claimed interest. The owner will be notified when one is added and has the right to apply for its cancellation. If the person who registered the notice cannot justify their claim, it may be removed. In cases where misuse occurs, the courts have powers to award costs against applicants who register notices without proper basis.
If you discover a unilateral notice on your property that you believe is unfounded, you can apply to have it cancelled. HM Land Registry will give the other party a chance to respond. If the matter cannot be resolved administratively, it may be referred to the Property Chamber of the First-tier Tribunal for determination.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Restrictions on the land register
A restriction controls what can happen when the property is sold or otherwise dealt with. It sets out conditions that must be met before HM Land Registry will register a new owner or record certain transactions.
You will often see a restriction where land is held by more than one person. A common form requires that any capital money paid for the property must go to at least two individuals or a trust corporation. This mechanism protects beneficial interests by ensuring the overreaching requirements are met. The precise wording can vary depending on the circumstances of the co-ownership.
Restrictions also appear in other situations:
- Where a charging order has been obtained by a creditor through the courts
- Where a court has ordered that the property cannot be sold without permission
- Where a trust deed requires certain steps to be followed
- Where a management company or landlord must consent to a transfer
Unlike a notice, a restriction does not claim an interest in the land itself. It imposes a procedural step that must be satisfied. If the condition is not met, HM Land Registry will not process the application to register the transaction.
What to do if you find an entry on your title
If you are buying a property and spot a notice or restriction during your searches, your conveyancer will investigate what it means and whether it will affect your ownership. A priority search at the Land Registry protects the buyer's position by freezing the register for a limited period, allowing completion to proceed with confidence that no new entries will take priority.
Some entries are routine and cause no difficulty. Others may need to be removed or dealt with before completion. Where a notice or restriction cannot be resolved before exchange, your conveyancer may recommend title indemnity insurance to protect against future loss.
If you already own the property and discover an unexpected entry, establish who registered it and on what basis. Seeking legal advice early is sensible, as some entries carry financial or legal consequences that may not be immediately obvious. For unilateral notices you believe are wrong, you can apply to cancel. For restrictions, you may need advice on whether the condition can be satisfied or varied.
Full guidance on notices and restrictions, including application forms and current fees, is available on the GOV.UK website in the HM Land Registry section. The Land Registry periodically updates its practice guides, so check you are reading the most recent version.
Thank you
My ex and I were together for 8 years, before this I had already paid for my own house. Not the biggest but it was mine! I'd sacrificed so much to pay that mortgage off before I was 40. Anyway we had 2 children together, which she has taken (without my consent- long story) any way we split 18 months ago. We had already been sleeping separately for 3 years but then she started seeing someone else. We were never married btw.
Anyway 18 months on I get a b137 notice on my house. Not only this but she wants 50% of the equity from the property I had before I met her and 50% of my current property.
Bearing in mind she's just sold her own house she was privately renting and then placed the b137 on my house!
I am totally stuck as to what to do. I feel like she has taken my children and is now trying to take my home.
I'd do anything for my children and am trying to provide a safe place for them to come to. Please can anyone help me?
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 ??
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.
As executors once the queries have been answered can this proper be sold?
Can we have the restrictions removed?
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
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.
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
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
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
my question will be is there any restriction can be done to prevent them from Sealing the property?
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 order adn placing a statutory charge on the property to secure creditors debts.
Joe
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