The land Registration defines an inhibition as an order made under section 70, or a prohibition.
Power of the Court to Inhibit Registered Dealings
Section 68 of the Land Registration Act, 2012 provides for the power of the court to inhibit registered dealings in land. The courts are empowered to make inhibition orders inhibiting for a particular time, or until the occurrence of a particular event, or generally until a further order, the registration of any dealing with any land, lease or charge.
A person who wishes to register an inhibition pursuant to a court order is to lodge an application in Form LRA 66 Application for the Registration of an Inhibition Order set out in the Sixth Schedule of the Land Registration (General) Regulations, 2017. The application is to be accompanied by the said court order, duly sealed, making specific reference to the parcel of land affected.
Effect of Inhibition
It is important to note that an inhibition shall not bind or affect the land, lease or charge until it has been registered. So long as an inhibition remains registered, any instrument that is inconsistent with the inhibition shall not be registered.
70. Cancellation of Inhibition
Section 70 of the Land Registration Act provides for the instances that an inhibition can be cancelled, these circumstances include:
- On the expiration of the time stated in the inhibition;
- On proof to the satisfaction of the Registrar of the occurrence of an event stated in the inhibition;
- On the land, lease or charge being sold by a charge, unless such sale is itself inhibited; or
- By a consequent order of the court.
Land Registration (General) Regulations, 2017
Land Registration Act, 2012