Land Registration Act 2002

46Power of court to order entry

This section has no associated Explanatory Notes

(1)If it appears to the court that it is necessary or desirable to do so for the purpose of protecting a right or claim in relation to a registered estate or charge, it may make an order requiring the registrar to enter a restriction in the register.

(2)No order under this section may be made for the purpose of protecting the priority of an interest which is, or could be, the subject of a notice.

(3)The court may include in an order under this section a direction that an entry made in pursuance of the order is to have overriding priority.

(4)If an order under this section includes a direction under subsection (3), the registrar must make such entry in the register as rules may provide.

(5)The court may make the exercise of its power under subsection (3) subject to such terms and conditions as it thinks fit.