When application is made to cancel a restriction in Form A of Schedule 4 of the Land Registration Rules 2003 we require evidence which shows that:
- where there is a sole proprietor, the proprietor is now the only person with a beneficial interest in the property, or
- where there are joint proprietors, the proprietors now hold the land on trust for themselves as beneficial joint tenants and that no one else has a beneficial interest in the property.
To show this, an application for cancellation should be accompanied by evidence which:
- explains what has happened to the original beneficial interest protected by the restriction
- if it has devolved to the registered proprietor or proprietors, explains how it has so devolved
- confirms, if such be the case, that no one other than the registered proprietor now has a beneficial interest in the property
- confirms if such be the case, that no beneficial interest in the property has been encumbered (other than by a charge that is also of the legal estate), and
- if there are two or more registered proprietors, confirms, if such be the case, that they hold the property on trust for themselves as beneficial joint tenants
Prior to April 2013 we required confirmation:
- of how the registered proprietor(s) became entitled legally and beneficially to the registered estate
- that they had not encumbered their undivided share, and
- that they had not received notice of any incumbrance on the shares of the previous/deceased trustee(s).
Although until now we have accepted applications which included evidence in this form, we will no longer complete applications where the supporting evidence does not meet our current requirements.