CANCELLATION OF FORM 62 RESTRICTIONSWhenever joint owners are registered as proprietors of land, the registrar enters a restriction unless they satisfy him that:-- they are entitled for their own benefit (they are joint tenants in equity), or-- that the survivor of them can give a valid receipt for capital money (e.g.

they are executors or administrators of an absolute owner).The current form of the restriction is:'No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the Registrar or of the Court'.The Land Registry enters the restriction even where one or more of the proprietors is a trust corporation, although a disposition by a trust corporation under which capital money arises is not caught by the restriction.

In most cases the restriction remains on the register until the property is sold.

However, occasionally one of the proprietors becomes the absolute owner (for example by buying out the other, or inheriting the other's share).

In such cases, the Land Registry cannot automatically cancel the restriction, since there could be other beneficial interests, or one of the former or current proprietors could have charged their share.

These interests will not have been overreached, since there has been no transfer complying with the overreaching provisions of the Law of Property Act 1925.

The restriction will therefore only be cancelled on a specific application under rule 214 of the Land Registration Rules 1925, which requires production of the equitable title.Recently the Land Registry has adopted the practice of pointing out the position to the applicant's solicitors.

It may raise a requisition or, if the application can be dealt with without requisitions, it may leave the restriction on the register and send a letter with the certificate.

A communication of this kind in no way suggests anything improper has occurred.

It is to ensure that the restriction does not remain on the register and cause difficulties on a subsequent dealing, if the trust has come to an end.The application to cancel the restriction under rule 214 may, of course, be made either with the application to register the new owner as proprietor of the land or later.

There is no fee.

If you are registering a transfer, use Form AP1 and list the applications as 'Transfer/Cancellation of Form 62 restriction'.Where the applicant is already one of the proprietors and therefore has personal knowledge of the facts, the Land Registry will generally accept as evidence of the equitable title a statutory declaration by the applicant that in stated circumstances he or she has become entitled legally and beneficially to the registered land, has not encumbered his or her undivided share and has not received notice of any incumbrance upon the other undivided share(s).The Land Registry will accept a solicitor's certificate in place of the statutory declaration - if the solicitor is able to certify the relevant facts from his or her own knowledge.

Any comments arising from the above should be addressed to Linda Chamberlain at Land Registry Headquarters, Lincoln's Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2, fax: 020 7955 0110, e-mail: lib.hmlr@gtnet.gov.uk).POSSESSORY TITLE BASED ON ADVERSE POSSESSION Where any application is made for registration of freehold or leasehold land with possessory title, the registrar may register the applicant with that class of title (sub-sections 4(ii) and 8(1)(iii) of the Land Registration Act 1925).

The approval of a possessory title is a matter of discretion exercised by the registrar and cannot be demanded in a specific case.

When an applicant is basing his claim to possessory title on adverse possession, the approval of a possessory title would have adverse consequences for the paper owner.

The registrar therefore only considers granting a possessory title in this situation where the applicant is able to show possession for at least 12 years.Similarly, the registrar will only entertain an application under s 75(2) of the Land Registration Act 1925 after 12 years have elapsed and the registrar is satisfied that, if the land had been unregistered, the proprietor's title would have been extinguished.Any comments arising from the above should be addressed to Linda Chamberlain at Land Registry Headquarters, Lincoln's Inn Fields, London WC2A 3PH (DX: 1098 London/Chancery Lane WC2.

FAX: 0171 955 0110.

E-mail: lib.hmlr@gtnet.gov.uk).tWordStar 4.0B Messages 14 Feb 87Copyright (C) 1983,1987 MicroPro International Corp.All