Section 46 — Land Registration Act 2002: Power of court to order entry

Power of court to order entry 46 1 If it appears to the court that it is necessary or desirable to do so for the purpose of protecting a right or claim in relation to a registered estate or charge, it may make an order requiring the registrar to enter a restriction in the register.

2 No order under this section may be made for the purpose of protecting the priority of an interest which is, or could be, the subject of a notice.

3 The court may include in an order under this section a direction that an entry made in pursuance of the order is to have overriding priority.

4 If an order under this section includes a direction under subsection (3), the registrar must make such entry in the register as rules may provide.

5 The court may make the exercise of its power under subsection (3) subject to such terms and conditions as it thinks fit.