No Disposition of the Registered Estate
09/11/2022
8 min read
This article will explore what this notice on your title means, why it is there and how to remove the restriction, if you need to.
What is a disposition in land law?
In land law, a disposition is the transfer of an interest. Interest is ownership of a property share, whether legal or beneficial.
Dispositions include:
- A sale or transfer
- Certain types of lease
- Mortgaging the property
- The grant or reservation of an easement
- A rentcharge/right of entry annexed to a rentcharge
When there is an entry on your title deed which begins 'No disposition of the..' this means that your property is subject to a restriction. This may sound like a problem, but most of them are there for a very good reason, such as to protect against a criminal assuming your identity and selling your house.
All land registry restrictions prohibit a disposition from being entered. Some relate to all dispositions, some only to dispositions of a certain kind. The restriction may be absolute, or conditional. For example, the disposition may be allowed with the consent of a third party (usually a creditor - such as your mortgage lender).
This article looks specifically at restrictions which begin 'No dispositions of the registered estate'. For restrictions which begin 'No disposition by a sole proprietor of the registered estate', please see our FAQs below.
Match your restriction from the list below
- D
"No disposition of the registered estate is to be registered unless made in accordance with [the Parsonages Measure 1938 (in the case of parsonage land) or the New Parishes Measure 1943 (in the case of church or churchyard land)] or some other Measure or authority."
This is a Form D restriction. It may be applied to parsonage, church, or churchyard land to ensure the owner complies with the applicable measures.
- J
"No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of trustee in bankruptcy] (the trustee in bankruptcy of [name of bankrupt person]) at [address for service]."
This is a form J restriction. If the property is jointly owned then joint ownership will be severed by the Trustee in Bankruptcy and the non bankrupt owner's share of the equity will remain theirs. Learn more about bankruptcy restrictions and how to remove them.
If you are the sole owner, the Trustee in Bankruptcy will take possession of the property. They will enter the following restriction to prevent any disposition before this happens:
"BANKRUPTCY RESTRICTION entered under section 86(4) of the Land Registration Act 2002, as the title of the proprietor of the registered estate appears to be affected by a bankruptcy order made by the [name] Court (Court Reference Number_________ ) against [name of debtor] (Land Charges Reference Number WO_________ ). No disposition of the registered estate is to be registered until the trustee in bankruptcy of the property of the bankrupt is registered as proprietor of the registered estate"
- K
No disposition of the [registered estate or registered charge dated [date]] is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim] [a final] charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference ... ... ... ...).
This is a form K restriction, it means that the purchaser can register the title in their name, but the seller must serve notice on the person with the benefit of the charging order (someone the seller owes money to) - However, this also usually requires the seller to pay off the debt, from the proceeds of the sale, even though this isn't explicit in the wording of the restriction.
- L
"No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [,or by the proprietor of any registered charge,] is to be registered without a certificate [signed by [name] of [address] [or [his conveyancer] or specify appropriate details]] or [signed on behalf of [name] of [address] by [its secretary or conveyancer or specify appropriate details]] or [signed by a conveyancer] or [signed by the applicant for registration [or his conveyancer]] that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with."
This is a Form L restriction, which typically appears on leaseholds or freeholds which are subject to an estate charge. It requires a certificate of compliance with a clause of transfer or lease, to ensure the purchaser enters the same terms that the seller was bound to, previously.
- M
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a certificate signed by the proprietor for the time being of the estate registered under title number [title number] [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details], that the provisions of [specify clause, paragraph or other particulars] of [specify details] have been complied with.
- N
"No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent [signed by [name] of [address] [or [his conveyancer] or specify appropriate details]]or [signed on behalf of [name] of [address] by [its secretary or conveyancer, or specify appropriate details]]."
This is a Form N restriction which simply prevents any disposition from being registered without the consent of a specified party.
- O
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the estate registered under title number [title number], [(or his conveyancer, or specify appropriate details)] or, if appropriate, signed on such proprietor’s behalf by [its secretary or conveyancer or specify appropriate details].
- P
"No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered without a written consent signed by the proprietor for the time being of the charge dated [date] in favour of [chargee] referred to in the charges register [(or his conveyancer or specify appropriate details)] or, if appropriate, signed on such proprietor's behalf by [its secretary or conveyancer or specify appropriate details]."
This is a Form P restriction. This prevents a disposition without the consent of the 'chargee' (creditor) where there is a charge on the property (the property has been registered as security on a loan or mortgage). This will not apply if the mortgage is being repaid on completion of the transfer at hand - the restriction will be removed with the charge.
- Q
No disposition [or specify details] of [the registered estate or the registered charge dated [date] (referred to above)] by the proprietor [of the registered estate or of that registered charge] is to be registered after the death of [name of the current proprietor(s) whose personal representative’s consent will be required] without the written consent of the personal representatives of the deceased.
This is a Form Q restriction. Is it used by tenants in common to make sure that the surviving owner can't do anything to the property without the consent of the deceased owners relatives. This is because tenants in common do not automatically become sole owners when one of them dies. The deceased person's share is bequeathed according to their will.
- R
No disposition [or specify details] of the registered estate [(other than a charge)] by the proprietor of the registered estate [or by the proprietor of any registered charge] is to be registered unless authorised by the rules of the [name of club] of [address] as evidenced [by a resolution of its members or by a certificate signed by its secretary or conveyancer [or specify appropriate details]].
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