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We see a lot of applications seeking to disapply or modify a restriction in the title register where this is either incorrect or unnecessary. In this blog, senior practitioners consider how best to tackle restrictions that are no longer fit for purpose.
A restriction is often entered in the register to ensure that no disposition is registered without, for example, providing evidence to the registrar that a specified person has consented to it. But sometimes the wording of a restriction in the register needs to be changed. This often happens where a further disposition (such as a transfer to new owners) is being registered, requiring compliance with the restriction’s terms. Here we explore some of those situations and how to change the wording of a restriction or otherwise allow registration of the disposition, as appropriate.
First, please note: if you think the registrar has made an error in entering the restriction in the register, please contact HM Land Registry at the earliest opportunity. We will investigate and, if we agree, we will seek to correct the issue as quickly as possible.
Cancellation, withdrawal and entry of a restriction – the ‘replacement route’
In almost every case, you can apply to remove one restriction from the register and enter a different form of restriction in its place.
If the party initiating the change is the beneficiary of the restriction, that party should apply to withdraw the existing restriction from the register using form RX4 and apply to enter the new one using form RX1, making sure panel 8 of the RX1 is completed accordingly.
If the party initiating the change is the registered proprietor or a third party who is not the beneficiary, they can apply to cancel the existing restriction using form RX3 and apply to enter the new one using form RX1. In this case, unless the application contains the beneficiary’s consent to removal of the restriction, we will serve a 15-day objection notice on any identifiable beneficiary.
We refer to this method of removal (using form RX3 or RX4) and entry (using form RX1) as the ‘replacement route’.
Alteration of existing restriction
For a simple and straightforward change of wording, in many cases all that’s needed is an application in form AP1 for alteration of the restriction in the register, supported by evidence to support the change required. For example:
the beneficiary has changed address a specified title number has changed (for example, in a Form M restriction)We may also consider an application to alter an existing restriction where a corporate beneficiary has changed, or an individual has died. You’ll need to send supporting evidence with your application.
Disapplication of a restriction
If an applicant is struggling to obtain compliance or consent from the beneficiary of a restriction, an application can be made to the registrar in form RX2 to disapply the restriction. The outcome of a disapplication application is at the discretion of the registrar.
Situations where this might be appropriate include where:
In every case, you must lodge evidence which clearly shows the actions that have been taken to comply with the terms of the restriction as worded, and why the registrar should make the order requested. For example, if the restriction requires a certificate of compliance with certain clauses in a document or deed, then we would require evidence that those clauses have been complied with. In most cases, evidence that the applicant has tried to communicate with the restrictioner on multiple occasions is not sufficient.
If the application is accepted, the registrar will make an order disapplying the restriction to allow registration of the later disposition. The disapplication does not remove the restriction from the register.
Additionally, if the restriction was never intended to catch a certain type of disposition, then disapplication would not be appropriate as it would relate only to the current transaction, not all future ones, so the replacement route, or more rarely, modification, should be used.
Modification of a restriction
We can only make an order for modification of a restriction if the replacement route cannot be used.
You can use form RX2 to apply to modify the existing restriction, but successful applications are very rare. We can only consider making an order where the applicant is able to explain why:
the original application did not reflect the parties’ intentions in terms of the kind of dispositions it intended to catch; and it is not practicable either to make an application to replace the existing restriction with a new one or, where appropriate, to alter the register.In practice
The following examples illustrate many of the above points discussed and are in roughly chronological order.
| Situation | Action | Result |
|---|---|---|
|
In transferring a plot on an estate, the original transferor and transferee agree that, on any future sales, the new owners will enter into a deed of covenant with the original transferor. |
Apply for entry of a standard Form M restriction in the register of the new title (AB5678). The transferor is now known as the ‘restrictioner’. |
Restriction: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number AB1234 or their conveyancer that the provisions of clause 1.2.3.4 of the Transfer dated 1 January 2010 have been complied with. |
|
Title number AB1234 is amalgamated with other titles owned by the restrictioner, and the registration continues under title number AB9012. |
Apply for alteration of the restriction to change the title number using form AP1, together with evidence to support the change (in this case, a covering letter explaining the position). |
Restriction: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number AB9012 or their conveyancer that the provisions of clause 1.2.3.4 of the Transfer dated 1 January 2010 have been complied with. |
|
The transferee wishes to remortgage their property. |
If the restrictioner agrees that the restriction need not catch charges, follow the replacement route. Amend the wording of the new restriction to state: “No disposition (other than a charge)”. |
Restriction: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number AB9012 or their conveyancer that the provisions of clause 1.2.3.4 of the Transfer dated 1 January 2010 have been complied with. |
|
The transferee now wishes to make a transfer of a share, from themselves to themselves and their new partner. The restrictioner now realises they did not intend the restriction to catch transfers of shares, only arm’s length sales to new owners. |
Again, follow the replacement route. The new restriction should include the additional words “or that they do not apply to the disposition”. Similar considerations might also apply where the transferee is entering into a mutual deed of grant of easements with their neighbour. |
Restriction: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number AB9012 or their conveyancer that the provisions of clause 1.2.3.4 of the Transfer dated 1 January 2010 have been complied with or that they do not apply to the disposition. This means the restrictioner can certify, on transferring a share, that the provisions of clause 1.2.3.4 of the 2010 transfer do not apply. Again, if the restrictioner considers that those provisions do not apply to easements, they can certify that the provisions do not apply to the deed of easements. |
|
The transferee and new partner now wish to sell the property. The purchasers approach both the original transferor and their conveyancer for the relevant certificate, but find that the conveyancer no longer acts and the transferor cannot be contacted at their address for service. |
We expect the purchasers or their conveyancers to make every reasonable effort to contact the original transferor or restrictioner. If despite thorough enquiries they cannot be traced, then it might be appropriate to make an application in form RX2 for the restriction to be disapplied to allow registration of the transfer to the new purchasers. The form RX2 must be supported by full evidence of compliance with the terms of the restriction. For example, if the restriction refers to clauses which require a purchaser to enter into a deed of covenant and apply to become a member of a management company, then evidence of this must be lodged with form RX2. |
The registrar makes an order to disapply the restriction to allow the transfer to be registered. The restriction remains in the register. |
|
Enquiries reveal the original transferor (the restrictioner) has now passed away. |
Further enquiries to establish the facts of the case are required. If a personal representative was appointed, you need to establish whether the interest protected by the restriction has devolved to them. In our example, where they were the registered proprietor of title number AB9012, there are different possibilities: • the personal representative might assent that title to themselves, or • they might assent the title to other beneficiaries. Depending on the circumstances, you might apply to alter the restriction by substituting the name of the original transferor for that of the new beneficiary. An application for alteration in form AP1, supported by full evidence to support the change, would be required. If, on the other hand, the interest protected by the restriction did not pass to the transferor’s personal representative, or they died intestate, then you might apply (in form RX2) for a registrar’s order to disapply the restriction, to allow for registration of the transfer to the new purchasers. Alternatively, and depending upon the facts of the case, the restriction may be withdrawn in form RX4 or cancelled in form RX3. Remember that the disapplication would only apply to the disposition specified in the order and not all future dispositions. If a change in the wording of the restriction is required in respect of all and any future dispositions, follow the replacement route. |
Either: • we remove the current restriction and enter a new restriction with the name of the new registered proprietor/restrictioner Or: • we disapply the restriction, on the basis of the evidence supplied. |
Remember
An application for disapplication of a restriction (using form RX2) is only appropriate in limited circumstances, some of which are mentioned above, and an application for modification of a restriction is appropriate in extremely limited circumstances. The outcome of such applications is at the discretion of the registrar.
In nearly every case, the old restriction in our example could be altered (by applying in form AP1) or removed from the register and a new one entered (using forms RX3/RX4 and RX1). An RX2 application will not be accepted where it is possible to follow the replacement route.
HM Land Registry regularly receives applications in form RX2 where the alteration or replacement routes should have been followed instead, and we either have to raise requisitions on those applications or cancel them, as the case may be.
More information, training and guidance
Our practice guide 19: notices, restrictions and the protection of third-party interests in the register examines the nature and effect of notices and restrictions, gives guidance on their entry and explains how to cancel or amend existing notices and restrictions.
Head to HM Land Registry's training hub for help and guidance in a variety of formats on a range of land registration topics, including restrictions.
First published in the Law Society’s magazine Property in Practice, September 2025 edition.
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