Notices and Restrictions

Question 1

What is a notice?

Answer 1

A notice – defined in s.32(1) “an entry in the charges register in respect of the burden of an interest a@ecnga registered estate.

Question 2

Notices that you can place under the charges register

Answer 2

s.33 LRA 2002 contains the list of interest that you cannot record with a notice on the charges register.
Some of the exceptions:
An interest under a trust of land
A legal lease of 3 years or less (unless it takes in possession more than 3 months after grant so must be registered under s.27)
Restrictive covenants in a lease
Restrictive covenants in freehold land
Home rights equitable mortgage
Legal easement
Estate contract
All of the above can be entered on the register by way of a notice.

Question 3

What is a restriction?

Answer 3

Restricons – to impose requirements on a disposal of the land in certain situaons – go in to the proprietorship register under s.40-47 LRA 2002. Restricons restrict the way the owner can deal with their land.Denion of a restricon: s.41 (1) LRA 2002 – “an entry in the proprietorship register regulang the circumstances inwhich a disposion of a registered estate may be the subject of an entry on the register.- Disposion – dong something with the land – mortgage, lease, sale etc.

Question 4

Typical situations where restrictions might arise:-

Answer 4

If proprietorship is bankrupt-
If the proprietor is subject to an interest under a trust – excluded by secton 33 for entering a notice to the register, but a restriction can be put on the register.