Consent by a restrictioner

Form A restriction - joint proprietors

Example: "No disposition by a sole proprietor of the registered estate, except a trust corporation, under which capital money arises is to be registered unless authorised by an order of the court."

In this case any disposition by a sole owner under which capital money arises must be accompanied by either evidence of the devolution of the equitable estate, the appointment of a co-trustee, an application to cancel the restriction, or an order of the court.

Restrictions requiring service of a notice

Example: "No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to ...."

In this case a certificate by a conveyancer confirming that the notice has been served must be lodged. Production of a copy of the notice alone is not acceptable.

Leases granted under Right to Buy legislation

Example: "No transfer or lease of the registered estate by the proprietor of the registered estate or the proprietor of any registered charge is to be completed by registration unless made in accordance with section 156A of the Housing Act 1985."

If the landlord's title was acquired under the provisions of the Housing Act 1985, the title may contain the restriction shown above. In these cases a certificate of compliance given by a conveyancer is required when any disposition is lodged for registration.

This is the end of the section on consent by a restrictioner.

The next page looks at consents by a cautioner.