The Land Registration Rules 2003

Completion of standard forms of restriction E+W

[F1 91A.— (1) Subject to paragraphs (2) and (3), [F2 if] a standard form of restriction is to affect part only of the registered estate, then, where it refers to a disposition, or to a disposition of a specified type, to which it applies, that reference may be followed by the words “of the part of the registered estate” together with a sufficient description, by reference to a plan or otherwise, to identify clearly the part so affected.

(2) The words incorporated [F3 under] paragraph (1) shall be in place of the words “of the registered estate” where those latter words appear in a standard form of restriction and are referring to a disposition, or to a disposition of a specified type, to which the restriction applies.

(3) The registrar may alter the words of any restriction affecting part of the registered estate F4 ... that he intends to enter in the register so that such part is described by reference to the relevant title plan or in another appropriate way.

[F5 (4) A restriction in Form L, N, S, T, II, NN or OO may commence with—

(a) the words “Until the death of [name]”,

(b) the words “Until the death of the survivor of [names of two or more persons]”, or

(c) the word “Until” followed by a calendar date.]

[F6 (5) A restriction in Form M, O, P or PP may commence with the word “Until” followed by a calendar date.

(6) Where a restriction in Form J, K, Q, S, T, BB, DD, FF, HH, JJ, LL or OO relates to a registered charge, which is one of two or more registered charges bearing the same date and affecting the same registered estate, the words “in favour of” followed by the name of the registered proprietor of the charge must be inserted in the restriction after the date of the charge.

(7) Where in a standard form of restriction the word “they” or “their” refers to a person named in the restriction, it may be replaced as appropriate by the word “he”, “she”, “it”, “his”, “her” or “its”.

(8) Where a standard form of restriction permits a type of disposition to be specified in place of the word “disposition”, the types of disposition that may be specified are “transfer”, “lease”, “charge” or “sub-charge”, or any appropriate combination of those types.]]

Textual Amendments

F1 Rule 91A inserted (24.10.2005) by The Land Registration (Amendment) Rules 2005 (S.I. 2005/1766), rules 1, 4

F2 Word in rule 91A(1) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 31(a) (with rule 5)

F3 Word in rule 91A(2) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 31(b) (with rule 5)

F4 Word in rule 91A(3) omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 31(c) (with rule 5)

F5 Rule 91A(4) substituted (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 31(d) (with rule 5)

F6 Rules 91A(5)-(8) added (10.11.2008) by The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 31(e) (with rule 5)