Fillable Land Registry - ST5 - Cancellation of restriction: statement of truth

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Cancellation of restriction: statement of truth

On average this form takes 4 minutes to complete

The Land Registry - ST5 - Cancellation of restriction: statement of truth form is 2 pages long and contains:

  • 2 signatures
  • 4 check-boxes
  • 8 other fields

Country of origin: UK
File type: PDF

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Any parts of the form that are not typed should be completed in black ink and in block capitals.
If you need more room than is provided for in a panel, and your software allows, you can expand any panel in the
form. Alternatively use continuation sheet CS and attach it to this form.
Before a restriction in Form A in the proprietorship register can be cancelled, HM Land Registry must be satisfied that
the restriction is no longer required. This will often be because the land is no longer subject to a trust. A trust of land
exists when the formal ownership of the land (the ‘legal estate’) is separated from the underlying ownership (the
‘beneficial interest’).
The restriction will no longer be required if:
− the interest protected by the restriction has ended or passed to the registered proprietor(s) or the survivor(s)
of them, and
− nobody else has a beneficial interest in the land, and
− if there are two or more registered proprietors, they now hold the land on trust for themselves (and nobody
else) as beneficial joint tenants. Joint owners must hold the legal estate as joint tenants, but their beneficial
interests may be held either as joint tenants or as tenants in common. Joint tenants do not have specific
shares in the land. On the death of one joint tenant, their interest in the land passes automatically to the
others. Tenants in common have specific shares, which can be transferred separately, and are inherited as
part of their estate on their death. (See www.gov.uk/joint-property-ownership)
HM Land Registry is unable to give legal advice, but you can find guidance on HM Land Registry applications
(including our practice guides for conveyancers) at www.gov.uk/land-registry.
For information on how HM Land Registry processes your personal information, see our Personal Information
Charter.
Insert full name(s).
Insert full address(es).
1
I/We:
of:
make this statement in support of an application to HM Land
Registry for the cancellation of a Form A restriction.
Insert HM Land Registry title number and
address of the property affected by the
restriction.
2
Title number(s):
Property:
Insert details of the nature of the
interest(s) protected by the restriction and
what has happened to the interest(s).
Please send us copy documents not
originals, but confirm they are true copies
by writing at the top of page 1: “I certify
that this is a true copy of the original”,
then sign and print your name, and date
your signature.
3
Explain what has happened to the beneficial interest protected
by the restriction. (Provide accurate and relevant information).
You should include certified copies of any documents showing
this.
You must explain how the interest has
passed.
4
If the interest has passed to the registered proprietor or
proprietors, or the survivor(s) of them, explain how this
happened. (Provide accurate and relevant information.)
Where only one registered proprietor
will remain on the register, complete
panel 5.
HM Land Registry cannot consider the
application if you are not able to
confirm both statements.
5
Where there remains one registered proprietor:
I confirm that no one other than the remaining/surviving
registered proprietor now has a beneficial interest in the
property.
AND
I confirm that no beneficial interest in the property has
been separately mortgaged or charged, and that no
beneficial owner is or was subject to a charging order or
bankruptcy proceedings.
Where two or more registered
proprietors will remain on the register,
please complete panel 6.
HM Land Registry cannot consider the
application if you are not able to
confirm both statements.
6
Where there remain two or more registered proprietors:
We confirm that they hold the property on trust for
themselves (and no one else) as beneficial joint
tenants.
AND
We confirm that no beneficial interest in the property
has been separately mortgaged or charged, and that no
beneficial owner is or was subject to a charging order or
bankruptcy proceedings.
If a joint statement is made by two or
more persons, all must sign this
statement.
If a person making the statement is
unable to sign it or is unable to read, a
conveyancer eg a solicitor, will have to be
involved who must give the appropriate
certificate as required by rule 215A (4),
(5) and (6) of the Land Registration Rules
2003.
7
I/We believe that the facts and matters contained in this
statement are true
Signature(s) (of person(s)
making this statement):
Print full name(s):
Date:
WARNING
If the application proceeds, notice of the application (accompanied by a copy of this statement of truth) may be sent by the
Registrar to the owner of the land or any person thought to be the owner and/or any other person upon whom the Registrar
considers it necessary or desirable to serve notice.
If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by
doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit
the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an
unlimited fine, or both.
Failure to complete this form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a
result, a mistake is made in the register.
Under section 66 of the Land Registration Act 2002 most documents (including this form) kept by the registrar relating to an
application to the registrar or referred to in the register are open to public inspection and copying. If you believe a document
contains prejudicial information, you may apply for that part of the document to be made exempt using Form EX1, under rule
136 of the Land Registration Rules 2003.
© Crown copyright (ref: LR/HO) 05/18
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Land Registry - ST5 - Cancellation of restriction: statement of truth

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Completed 2 February 2019

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