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Land Registry Act 1862

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As to Restraint of Conveyance

Judge may decide Questions of Priority of Incumbrances, &c. As to Restrictions on Conveyance, &c. of Land.

93Where the registered Proprietor of any Land or Charge is desirous for his own Sake, or at the Request of some Person beneficially interested in such Land or Charge, to place Restrictions on transferring or charging such Land or Charge, such Proprietor may, upon Application to the Registrar, direct that no Transfer shall be made of or Charge created on such Land or Charge, unless the following Things, or such of them as he may prescribe, are done; (that is to say,) Unless Notice of any Application for a Transfer or Creation of a Charge is transmitted by Post to such Address as he may specify to the Registrar :

Unless the Consent of some Person or Persons, to be named by such Proprietor, is given to the Transfer or Creation of a Charge:

Unless some such other Matter or Thing is done as may be required by the Applicant and approved by the Registrar.

Registrar to make a Note of such Restrictions.

94The Registrar shall thereupon make a Note of such Directions on the Record of Title of such Proprietor, or otherwise as he shall think fit, and no Transfer shall be made or Charge created except in conformity with such Directions ; and any such Directions may at any Time be withdrawn or modified at the Instance of all the Persons for the Time being appearing to the Registrar to be interested in such Directions, and shall also be subject to be set aside by the Order of a Judge of the Court of Chancery.

Court of Chancery may exercise Powers of 13 & 14 Vict. c. 60.

95For the Purpose of authorizing or compelling a Transfer to be made of any registered Land or Charge, the Court of Chancery may exercise all such Powers as are vested in it by the Trustee Act, 1850, or by any Act amending the same, in relation to Transfers of Stock.

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