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Land charges are a restriction/prohibition on land/property (or a financial charge) that is binding on successive owners or occupiers. Such restrictions appear as an entry on the Land Register which either prevents or regulates the making of a change to the register regarding a sale, (or other disposition such as a mortgage) and made with the agreement of the parties concerned.

A common restriction is one that prevents the lease being sold to someone else without the lessees’ lender being informed. If a restriction is to be created to control the sale of a lease at the Land Registry, it is placed jointly on the Register, usually by a clause in the lease that stipulates it.

The form of words used in the restriction should mirror the conditions of sale and proof will be required of the parties entering into a deed of covenant, a certificate of written consent, or registration of the assignment.

Restrictions also originate from various sources within the Council (Planning, Legal etc.) and also originate from external sources such as water authorities, highway agencies, county councils etc.
Every Metropolitan, City, Unitary and District Council in England and Wales are required by law to keep a Register of Local Land Charges.

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