The Restriction in Registered Land

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Summary

A restriction is a condition which must be satisfied before a disposition can be registered (Land Registration Act 2002, section 40(1)). For example, if the register says "the freehold of Blackacre cannot be sold unless..", that would be a restriction.

The restriction device can be used to ensure beneficial interests are overreached on disposition by stipulating that money arising from the disposition must be paid to 2 trustees before the disposition can be registered.

  • For example, against Blackacre’s title entry, you might have a restriction saying no new proprietor of this estate can be registered unless payment money is paid to 2 trustees. This ensures that on a sale of a freehold the payment money is paid to 2 trustees before it is registered and therefore any beneficial interests that may exist are overreached and don’t bind the disponee.

If a beneficial interest is not overreached it will only bind a disponee if it falls within schedule 3, para 2, of the Land Registration Act 2002.

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