As I read it the property in question is a beneficial interest under a trust. As such a Notice of the interest is prohibited by LRA s 33. However a Form A restriction is obligatory since the trust will not terminate should the trustees be reduced to one only (LRA s 44).
So long as there are two or more trustees (or a trust corporation), then pursuant to sections 2 and 27 of the LPA 1925 the beneficial interests shall, notwithstanding any stipulation to the contrary, be overreached by the conveyance, Any conveyance by the trustees will be effective regardless of the presence or absence of any consent or notification; and the transferee is entitled to be registered as proprietor.
It follows that no only are restrictions in forms N, NN (which are registration subject to a consent) or II (which required confirmation of notification) ineffective but that it is inappropriate to enter any of these on the Register.
By virtue of section 77 anyone who applies for a restriction without reasonable cause may be liable to any person who suffers damage in consequence.
The only answer to the question is to arrange that the legal estate is vested in trustees who can be relied upon… (with a Form A restriction). The Land Register does not, nor was ever intended to, provide mechanisms to protect interests under trusts.
Alpha Court Chambers