Registration and Withdrawal of an Inhibition
Any person interested in registered land may protect that interest by way of an Inhibition. The facts of a particular case and the requirements of the interested parties will normally determine which of these devices is more appropriate. The main practical distinctions are briefly described below.
- It can restrict dealings by any person (i) for a specified time, (ii) until the occurrence of a specified event or (iii) until notice is given to, or consent obtained from, a specified person.
- Unless the registered owner consents to the inhibition, the Registry must, before registering an inhibition, give notice to the registered owner, who then has an opportunity to object to the proposed registration.
- An inhibition, which specifies that some person’s consent is required, may only be cancelled (i) with the consent of all interested parties, (ii) by order of the Registrar or (iii) by Court Order.
An application for an inhibition may be made in accordance with Rule 107 by lodging an affidavit in LR Form 53 (Precedent 11.C) sworn by the applicant and exhibiting any documentary evidence relating to the interest claimed. Production of the Land Certificate is not essential.
If anyone wishes to object under Rule 109 to the entry of an Inhibition they must write to the Registrar, within the relevant period, stating the grounds for such objection.
Inhibitions to protect trusts may be registered under Rule 105 and inhibitions with the consent of the registered owner may be registered under Rule 106. No particular form is prescribed by Rule 106 and it may be convenient to adapt Precedent 11.C and exhibit the written consent of the registered owner. Production of the Land Certificate is desirable but not essential.
PRECEDENT 11.C
LR FORM 53 - APPLICATION FOR AN INHIBITION
LAND REGISTRY
Folio:
County:
Registered Owner:
I, XY of ...... make oath and say as follows:
1. I claim an interest in the land comprised in the above-mentioned folio (or, in that part of the land comprised in the above-mentioned folio described in the Schedule hereto).
2. My interest in the land is (state the nature of the interest sought to be protected and refer to any document under which such interest is created or arises, and any other evidence relied on in proof of such interest).
3. I apply that an inhibition be entered on the above-mentioned folio in the following terms:
All dealings with the land herein (save and except dealings overriding the registered ownership) are inhibited until notice has been given to .......... whose address in the UK for service of notices is ..........
OR
All dealings with the land herein (save and except dealings overriding the registered ownership) are inhibited unless consented to by .......... whose address in the UK for service of notices is ..........
Sworn etc.
(Insert a schedule, where appropriate.)
Note: The two most common types of inhibition have been suggested in paragraph 3 of the above precedent but the wording may be adapted to suit particular circumstances.
Cancellation of Inhibitions
An application to withdraw an inhibition on consent, under Rule 110, may be made in LR Form 55 by the inhibitor or his solicitor (Precedent 11.D).
An application to cancel or modify an inhibition, without consent, may be made under Rule 111 in LR Form 56 (Precedent 11.E).
PRECEDENT 11.D
LR FORM 55 - APPLICATION TO WITHDRAW AN INHIBITION ON CONSENT
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, XY of ...... as solicitor for CD of ...... hereby apply to the Registrar of Titles that the inhibition entered on the above-mentioned folio on .......... 20.. in favour of the said CD be withdrawn.
Dated:
Signed:
PRECEDENT 11.E
LR FORM 56 - APPLICATION TO DISCHARGE OR MODIFY
AN INHIBITION WHERE THE PARTIES DO NOT CONSENT
LAND REGISTRY
Folio:
County:
Registered Owner: AB
I, XY of ...... as solicitor for the said AB hereby apply to the Registrar of Titles that the inhibition entered on the above-mentioned folio on .......... 20.. be discharged (or, modified as follows: ..........)
I make this application on the following ground: (state reasons for the application and specify any documents relied upon).
Dated:
Signed: