Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Breach of statutory duty definition

What does Breach of statutory duty mean? In practice, breach of statutory duty describes a civil claim that a defendant failed to comply with a duty created by legislation, and that this failure caused the kind of loss the legislation was designed to prevent. The expression is not defined in a single statute; it is developed in case law and applied across many regulatory and criminal law frameworks. The central question is legislative intention: read in context, did Parliament or the Oireachtas intend the duty to be privately enforceable? A claimant must usually show that the statute imposes a duty on the defendant; they are within the...

Notices, restrictions and home rights: protecting interests in registered and unregistered land under LRA 2002 and FLA 1996 (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Notices

A notice can offer modest protection for an asset consisting of land or property that is registered, where enforcement of an order or judgment is sought. Such protection is limited in scope and applies to registered estates only. It relates solely to entries on the register. The statutory provisions are found in the Land Registration Act 2002 (LRA 2002). A notice is the device used to safeguard a third-party right. It is entered in the charges register of the affected title, alerting any prospective buyer to the creditor’s stake in the land. A notice binds anyone later acquiring the land and supplanted the caution against dealings available under the Land Registration Act 1925 (now repealed by LRA 2002). However, a notice does not stop the legal owner disposing of, or otherwise transacting with, the property. That outcome can only be achieved by applying for a restriction (previously a caution) against the title. Anyone claiming the benefit of a third-party interest may apply to the registrar for an entry of a notice on the register in respect of that interest...

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Web page updated on 27/05/2026

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