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Posted Sun, 22 Feb 2026 02:09:24 GMT by Duncan Loveday
The standard wording of a form A restriction is "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises shall be registered without the court's authorisation". I understand this is added to a title when it is jointly owned as "tenants in common" with the goal that a separate "deed of trust" is adhered to. But the wording seems to just state that no single owner can do anything to the title that raises capital e.g. sell the property without the consent of the other tenants. This would surely be the case even without the restriction e.g. for joint tenants the consent of both/all tenants would be needed before a sale could be done. And there is no mention of a deed of trust at all. Isn't this counterintuitive?
Posted Mon, 23 Feb 2026 07:33:42 GMT by Adam Hookway
Duncan - the form A restriction wording is
"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."
It can be added to a title when joint owners are tenants in common and that can be linked to a trust deed but not exclusively The restriction restricts a sole proprietor as you state but no consent is required in order to comply with the restriction
The form A restriction is primarily linked to the beneficial ownerships involved and how they might be 'split. We register the legal ownership and that is always dealt with as a whole.
From a registration perspective the restriction is not counter-intuitive but it does relate to what can be a complex area to understand re the mix of legal and beneficial ownerships and how joint tenants and tenants in common differ when land/property and trusts/wills are dealt with
Joint property ownership: Overview - GOV.UK
If you own land/property affected by a form A restriction then please do seek legal advice as appropriate to understand how it works for both the registered owners and any buyer/lender for example seeking to deal with the land/property

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