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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.

. . . continued from page 4

Private Trusts of Land / Property

Standard Form Restrictions:

When must trustees apply for a Form A restriction:

Property Lawyers and Conveyancing Solicitors instructed by a proprietor of a registered estate must apply for a restriction in Form A in the following circumstances:
- when 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. Examples would be if the proprietor executed a declaration of trust, or if a constructive trust arose.
- when 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. An example would be where one of two beneficial joint tenants served a notice to sever the beneficial joint tenancy.

An application by Property Lawyers and Conveyancing Solicitors for one of two or more trustees satisfies the requirement to apply, although such an application should be made as an application by a person with sufficient interest in making of the entry and be accompanied by evidence of that interest.

If a sole or last surviving trustee of Land instructs Property Lawyers and Conveyancing Solicitors to apply for first registration, or to register a disposition of a registered estate in their favour, he or she must at the same time apply for a Form A restriction. This is because section 44(1) Land Registration Act 2002 only applies to joint proprietors. The Registrar is not obliged to enter a form A restriction automatically on registering a sole or last surviving trustee. Section 44(1) Land Registration Act 2002 also only applies to registered estates in Land. It does not apply when two or more persons are registered as proprietors of a rentcharge, manor, franchise or profit a prendre in gross. Nevertheless, if the survivor of them will not be able to give a valid receipt for capital money, a form A restriction will be needed, and the Property Lawyers and Conveyancing Solicitors should apply for it.

When may a beneficiary apply for a Form A restriction?

Where a registered estate is held on a trust of Land, and a sole proprietor or survivor of joint proprietors (not being a trust corporation) will not be able to give a valid receipt for capital money, any person interested in the estate can instruct Property Lawyers and Conveyancing Solicitors to apply for a Form A restriction (under section 43(1)(C) Land Registration Act 2002 and rule 93(a) Land Registration Rules 2003). Unless the consent of the registered proprietors accompanies the application, the Registrar will have to serve notice of the application on them. The notice will give them 15 business days in which to object.

Previous Practice:

Before the Land Registration Act 2002 and the Land Registration Rules 2003 came into force on 13 October 2003, the equivalent of Form A was Form 62 in schedule 2, Land Registration Rules 1925. The precise wording of this form varied over the years but its final version was as follows:

'No disposition by a sole proprietor of the Land (not being a trust corporation) under which capital money arises is to be registered except under an Order of the Registrar or of the Court'.

This restriction was entered in circumstances similar to those where a Form A restriction is now entered. Accordingly, Land Registry will treat a restriction in form 62 as if it were in form A.

Before 1 January 1997 (when the TLATA came into force), section 27(2) Law of Property Act 1925 only applied to estates that were subject to a trust for sale. There may still be estates registered before 1997 that were held on trusts that did not include a trust for sale (for instance, a constructive or bare trust), and where neither a Form A nor a Form 62 restriction has been entered. Either the trustees or the beneficiaries of such trusts may instruct Property Lawyers and Conveyancing Solicitors to apply to enter a Form A restriction, and would be well advised to do so.

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . continued on page 6 (Property Lawyers and Conveyancing Solicitors in Manchester - Transfer, Equity and Trusts of Land page 6)

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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Transfer, Equity and Trusts of Land