What action would you need to take in respect of the Unilateral Notice to satisfy the buyer's lawyer?

• A. Remove the Unilateral Notice before exchange or by giving an undertaking to remove by completion.
• B. Leave the Unilateral Notice in place and rely on the buyer's title.
• C. Remove the Unilateral Notice before exchange or undertake to remove on or before completion; contact the beneficiary to clarify position; if possible, remove before exchange or give undertaking to remove on or before completion; the client, as proprietor, has the right to apply to cancellation at any time.
• D. The Unilateral Notice is automatically cancelled by the Land Registry after exchange.

Answer: (C)

Unilateral Notices protect someone’s interest in registered land and sit as a warning on the title that needs to be addressed before a clean transfer can occur. To satisfy the buyer’s lawyer, you want the notice removed before completion or for the seller to provide an undertaking to remove it by completion. This clears the title and removes the cloud on the purchaser’s ownership.

Alongside that, you should contact the beneficiary to understand their position and, if possible, secure removal of the notice. The proprietor—the seller—may apply to cancel a unilateral notice as the registered owner, typically once the underlying interest is resolved or with appropriate consent. This combination of removal (or an undertaking to remove) and coordinating with the beneficiary ensures the buyer gets a clear title at completion.

Leaving the notice in place and relying on the buyer’s title would leave a potential risk to the purchaser. The notice is not automatically cancelled by the Land Registry on exchange, and simply removing it after completion or without an undertaking does not satisfactorily protect the buyer.