Land Registration Restriction Deadline
Posted on 18th February 2020
Each registered property has its own unique title number with its own set of records that are held by the Land Registry. These are known as the Official Copy Entries and are obtained by your conveyancing solicitor to review the various matters noted thereon. These records can include various rights affecting the property, but also make provision for any restrictions and charges that are to be considered.
Restrictions can be entered within the Title to a particular property in order to restrict or prohibit certain dispositions taking effect. This, therefore, works to restrict the powers in which the registered proprietor holds by placing limitations on how they may, or may indeed not, deal with the property. Such constraints are put in place in order to protect third party interests in the property and, in many cases, relate to management companies and property agents whom have a common interest in the property and require protection.
Restrictions can take many different forms and variations of wording, however, common restrictions which our solicitors in Preston come across follow similar wording to the below:
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RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by MG LEGAL SOLICITORS of 7 Pringle Court, Garstang, Preston, PR3 1LN that the provisions of Clause 12 of the Transfer dated 07 October 2014 have been complied with.
Our solicitors in Preston have comprised the above, as an example, however, the wording of such restrictions does not tend to differ much from this. As you can see, the restriction requires a certificate that confirms certain provisions or covenants have been specifically complied with, in order that consent to the particular disposition of the property many be consented to.
In March 2019, the Land Registry introduced new guidelines on such restrictions and how they are to be addressed. The new guidance advises property solicitors that such certificates, referred to above, will no longer be sufficient for registration purposes. The new requirements mean that the certificates are not only to consent to the disposition itself, but are to go one step further and expressly confirm consent for the same to be registered at the Land Registry.
In addition, the Land Registry have released a new Practice Guide which deals with restrictions and how your conveyancing solicitor is to deal with the same, accessible, here.
1st April 2020 will be no April Fool’s Day for our property solicitors in Preston, as this is the deadline day for the Land Registry implementing the above changes to their registration process. The guidance had been released to conveyancing solicitors in March 2019 to allow sufficient timing for the process to be adopted by all.
As of 1st April 2020, any applications that are submitted to the Land Registry, and require such consents to be supplied, will be dealt with under the new rules. As such, any applications that simply provide consent to the disposition of the property, and not for the same to be registered at the Land Registry, will be rejected.
When purchasing a property, MG Legal’s solicitors in Preston carry out title reviews within the early stages of the transaction, and upon receipt of the draft Contract papers. It is at this stage that any such restrictions would be revealed and, so, could be dealt with accordingly within the early stages. This helps ensure that, upon Completion of the matter, there are no unnecessary delays with the registration process.
This is just one of the reasons why you should choose MG Legal as your trusted conveyancing solicitor. Our team of experts are always one step ahead and here to assist you in every step of your conveyancing transaction.
If you have a conveyancing query, contact our team today at property@mglegal.co.uk, who are on hand to assist.
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