What it says
The wording is set by law, in the Land Registration Rules 2003:
"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."
In plain English: if only one owner is left, they can't sell the home on their own. A second trustee has to be appointed to receive the money with them, usually the executor of the owner who died. That makes sure the dead owner's share reaches the people it was left to.
Do you need one?
Yes, if you own as tenants in common, which you do if you've signed a declaration of trust giving you separate shares. If you own as joint tenants you don't need one, because the survivor takes everything automatically.
How to check if you have one
Download your title register from GOV.UK for £7. Look at the proprietorship register, the section headed "B". If you have a Form A restriction, the wording above will be there.
If you're buying now
Tell your conveyancer you're buying as tenants in common. They tick that on the transfer form, and the Land Registry adds the restriction when it registers your purchase. Check it's there a few weeks after completion.
If you already own the home and it's missing
You can apply yourself. If you're changing from joint tenants to tenants in common, use form SEV. That works even if the other owner doesn't agree, as long as you have evidence you gave them written notice.
If SEV doesn't fit your situation, for example you were always meant to be tenants in common and the restriction was simply missed, use form RX1 instead.
Registering a Form A restriction is exempt from Land Registry fees, whichever form you use. Send the form to HM Land Registry's Citizen Centre with the evidence it asks for.
Removing it later
If one of you buys the other out and becomes the sole owner, the restriction is usually removed as part of that transfer. Otherwise it's removed with form RX3, with evidence that the trust has ended.
Sources
- Land Registration Rules 2003, Schedule 4
- GOV.UK: Change from joint tenants to tenants in common
- HM Land Registry: registration services fees
- GOV.UK: Get information about property and land