Restrictions at the Land Registry for People who Lack Capacity
A restriction affords protection for the person who enters it on the Title Register. It is defined in s.40(1) Land Registry Act 2002 as:
– an entry in the register that prevents or regulates the making of an entry in the register in respect of any deposition of a specified kind.
It may be necessary to apply for a restriction to protect the owner or a third party’s interest in a registered estate or charge. Restrictions can be indefinite, absolute or conditional and will remain in the register until they have been cancelled or withdrawn. Once the restriction is entered in the register it limits the powers of a registered owner to deal with or dispose of the land.
An application to enter a restriction can be made by:
– the relevant proprietor
– a person who is entitled to be registered as the relevant proprietor
– a person who has obtained the consent of the relevant proprietor or someone entitles to be registered as such
– a person who has sufficient interest in the making of the entry.
Applications for restrictions are generally made using the RX1 form, which can be downloaded by visiting the Land Registry website. http://www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf
Once completed, the form along with the applicable fee is submitted to the Land Registry for their consideration. If approved, the Land Registry will then issue a new copy of the title reflecting the restriction.
In situations where a registered proprietor lacks capacity (defined by the Mental Capacity Act 2005) a restriction is not automatically entered. However, they are always recommended and often a requirement of an Order made by the Court of Protection.
As part of the Court of Protection team at Anthony Gold Solicitors, we apply to enter restrictions on behalf of our clients in our capacity as their Deputy. If you require assistance or guidance in this respect please contact our Court of Protection team on 0207 940 4060.