The Land Registration Rules 1996

17.  For rules 235 and 236 substitute—

“Application for a restriction by or with the consent of the proprietor

235.— (1) Application for a restriction under section 58 of the Act may be made by the proprietor of the land or charge affected by the restriction or by any person with his consent.

(2) An application under this rule shall:

(a) be in Form 75;

(b) state the particulars of the restriction required to be entered on the register;

(c) be signed by the applicant or his solicitor, and

(d) if the applicant is not the proprietor, be accompanied by a consent signed by the proprietor or his solicitor.

Application for a restriction by beneficiary, etc.

236.— (1) Where registered land is held on a trust of land and the proprietor or the survivor of the proprietors will be unable (unless a trust corporation) to give a valid receipt for capital money but a restriction in Form 62 has not been entered, any person interested in the land may apply for the restriction.

(2) Where registered land is held on a trust of land, any person having a sufficient interest to prevent a contravention of section 6(6) or 6(8) of the Trusts of Land and Appointment of Trustees Act 1996 may apply for an appropriate restriction.

(3) Where registered land is held on a trust of land and the powers of the trustees are limited by virtue of section 8 of the Trusts of Land and Appointment of Trustees Act 1996 but a restriction in Form 11A has not been entered, any person interested in the land may apply for the restriction.

(4) Where registered land is held by the personal representatives of a deceased person on a trust of land created by his will, or arising under the law relating to intestacy and subsequently varied, and the powers of the trustees are limited by virtue of section 8 of the Trusts of Land and Appointment of Trustees Act 1996 but a restriction in Form 11B has not been entered, any person interested in the due administration of the deceased’s estate may apply for the restriction.

(5) An application for a restriction under this rule shall:

(a) be in Form 76;

(b) state the particulars of the restriction required to be entered on the register;

(c) set out the grounds on which the application is made;

(d) be signed by the applicant or his solicitor;

(e) be accompanied by copies of any documents referred to and by such other evidence as the Registrar may direct, and

(f) be proceeded with as the Registrar shall direct.

Entry of restriction by Registrar

236A.   Where the dispositionary powers of the registered proprietor of land or of a charge:

(a) are limited by statute;

(b) in the case of a corporation, are limited by the law of the place where it is incorporated or by the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, or

(c) in the case of a personal representative, are limited by the terms of his grant,

the Registrar may enter a restriction to reflect the limitation.

Withdrawal and modification of a restriction

236B.   An application to withdraw or modify a restriction shall be in Form 77, and shall be signed by, or accompanied by consents signed by, all persons for the time being appearing by the register to be interested in the restriction, or their solicitors.”