Restrictions

• Restrictions

  • Something which can limited the owner of a registered estate from doing certain things with their land.
• Restrictions are regulated by s.40 and s.41 of the LRA 2002.
• An entry of a restriction will limit the proprietor from dealing with the land in certain ways.
• Standards Forms

  • The Nature of Restrictions are also cited in the Land Registration Rules 2003.
  • Schedule 4 of the LRR 2003 outlines the standard form which a restriction could take.
• Example - Trusts in Land

  • The idea of overreaching is to prevent the interests of both the purchaser of an estate as well as the beneficiaries of the property under trust.
  • One rule that there is a requirement of at least 2 trustees for a valid disposition to ensure that the property can be overreached.
  • In such a circumstance, a restriction should be entered into the register to ensure that there are indeed 2 trustees to protect the interests of the beneficiaries.