The implementation of the Land Registration (Amendment) Rules 2008, on 10 November 2008, resulted in schedule 4 of the Land Registration Rules 2003 (which contain the standard forms of restrictions) being substituted in its entirety.
Most of the standard restrictions have been amended. Some of the changes are substantial, others correct minor errors or ambiguities. We have improved the layout of the restrictions by using bullet points to separate alternative clauses to make the options clearer.
Schedule 4 should be read in conjunction with amended Rule 91A, paragraphs 4,5,6,7 and 8.
(4) A restriction in Form L, N, S, T, II, NN or OO may commence with-
(a) the words “Until the death of [name]”,
(b) the words “Until the death of the survivor of [names of two or more persons]”, or
(c) the word “Until” followed by a calendar date.
(5) A restriction in Form M, O, P or PP may commence with the word “Until” followed by a calendar date.
(6) Where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words “in favour of” followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.
(7) Where in a standard form of restriction the word “they” or “their” refers to a person named in the restriction, it may be replaced as appropriate by the word “he”, she”, “it”, “his”, “her” or “its”.
(8) Where a standard form of restriction permits a type of disposition to be specified in place of the word “disposition”, the types of disposition that may be specified are “transfer”, “lease”, “charge” or “sub-charge”, or any appropriate combination of those types.
To help you with these changes we have produced two modules which explain how to populate two of the restrictions, Form L and Form NN.
When you have completed a module you may copy or cut the completed restriction and paste it into your document or application form.
