If you intend to restrict all orders, whether by the holder of the registered estate or by the holder of an existing registered tax, you must apply for separate restrictions in the 2 parts of the register. An application for an order for adaptation of ownership that does not affect the legal succession is not an ongoing action and cannot be protected by termination. An example would be an application for an injunction only in respect of an economic interest that the other spouse or life partner holds under a country trust – in other words, if there is no quarrel over the existence of the trust, but only to find out who benefits from it. On the other hand, an application in which the existence of the trust is controversial (for example.B. an application for a declaration that an individual contractor holds in a tacit trust) or an application for the appointment of an agent, a fonal action in progress and can therefore be protected by a contract notice. See Godfrey v Torpey et al.  EWHC 1423 (Ch) (a right to a finding that property registered solely in the name of company A was held by it as a nominee for B was an ongoing focal action). When examining the mathematics of an option, there are several variables: such restrictions do not affect existing registered fees or the powers of registered fees. Since 10 November 2008, the wording of the standard restrictions makes this clear, but the principle also applies to restrictions introduced before that date. However, a restriction entered in the property register may affect a fee registered a posteriori. The date in parentheses at the beginning of an entry indicates the date it was saved.
By comparing the limitation date and the registration date of a registered fee, you can determine whether the payer`s powers can be affected. Most of the conditions to be included in a land sale contract have been refined over the years by lawyers and are standardized in the fine print of a contract document. Often, other things only need a few words. But in some commercial contracts, the “additional” paragraphs can run on many pages. If the application is not submitted by or with the agreement of a single registered owner or one registered owner out of two or more, proof of the applicant`s eligibility must be submitted in accordance with Section 43 (c) of the Basic Law of 2002. A similar interpretation applies to an application for cancellation of a registered fee. It is not a “disposition” and is not covered by a “no provision” limitation. The next article in this series deals with methodology and intricacies and a third compares options with pre-emption agreements and conditional contracts….