The Land Registration Rules 2003

When an application for a restriction must be made E+W

94.—(1)  [F1 Subject to paragraph (9), a proprietor] of a registered estate must apply for a restriction in Form A where—

(a) the estate becomes subject to a trust of land, other than on a registrable disposition, and the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money, or

(b) the estate is held on a trust of land and, as a result of a change in the trusts, the proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money.

(2) A sole or last surviving trustee of land held on a trust of land must, when applying to register a disposition of a registered estate in his favour or to be registered as proprietor of an unregistered estate, at the same time apply for a restriction in Form A.

[F2 (2A) Where two or more persons apply to register a disposition of a registered estate in their favour or to be registered as proprietors of an unregistered estate, they must at the same time apply for a restriction in Form A if—

(a) the estate is a rentcharge, profit a prendre in gross, franchise or manor, and

(b) a sole proprietor or the survivor of joint proprietors will not be able to give a valid receipt for capital money.]

(3) Subject to [F3 paragraphs (6) and (10)], a personal representative of a deceased person who holds a registered estate on a trust of land created by the deceased's will, or on a trust of land arising under the laws of intestacy which is subsequently varied, and whose powers have been limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996 M1 , must apply for a restriction in Form C.

(4) Subject to [F4 paragraphs (6), (7) and (9)], a proprietor of a registered estate must apply for a restriction in Form B where—

(a) a declaration of trust of that estate imposes limitations on the powers of the trustees under section 8 of the Trusts of Land and Appointment of Trustees Act 1996, or

(b) a change in the trusts on which that estate is held imposes limitations or changes the limitations on the powers of the trustees under section 8 of the Trusts of Land and Appointment of Trustees Act 1996.

(5) Subject to paragraphs (6) and (7), an applicant for first registration of a legal estate held on a trust of land where the powers of the trustees are limited by section 8 of the Trusts of Land and Appointment of Trustees Act 1996 must at the same time apply for a restriction in Form B.

(6) Paragraphs (3), (4) and (5) do not apply to legal estates held on charitable, ecclesiastical or public trusts.

(7) Paragraphs (4) and (5) apply not only where the legal estate is held by the trustees, but also where it is vested in the personal representatives of a sole or last surviving trustee.

(8) An application for a restriction must be made where required by paragraphs (2) or (3) of rule 176 or paragraph (2) of rule 178.

[F5 (9) Where there are two or more persons entered in the register as the proprietor of a registered estate, an application for the appropriate restriction by one or more of them satisfies the obligation in paragraph (1) or (4).

(10) Where there are two or more personal representatives of a deceased proprietor, an application for a restriction in Form C by one or more of them satisfies the obligation in paragraph (3).]

[F6 (11) Where a local authority has entered land in its list of assets of community value which it maintains in accordance with section 87(1) of the Localism Act 2011, an application for a restriction in Form QQ must be made—

(a) if that land includes a registered estate the proprietor of which is an owner as defined in section 107 of that Act, as soon as practicable by the local authority in respect of that registered estate unless there is an existing restriction in Form QQ in respect of that estate, or

(b) if the title to the land is unregistered, where required by rule 27A(1).]

Textual Amendments

F1 Words in rule 94(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 35(a) (with rule 5)

F2 Rule 94(2A) inserted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 35(b) (with rule 5)

F3 Words in rule 94(3) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 35(c) (with rule 5)

F4 Words in rule 94(4) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 35(d) (with rule 5)

F5 Rule 94(9)(10) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 35(e) (with rule 5)

F6 Rule 94(11) added (E.) (21.9.2012) by The Assets of Community Value (England) Regulations 2012 (S.I. 2012/2421), reg. 1(1), Sch. 4 para. 4

Marginal Citations

M1 1996 c. 47.