It is essential to ensure that the valuation method is clearly defined in the option agreement Landowners may want to indicate a long-top date in order to provide certainty as to when they will receive the purchase funds. They will also want to ensure that the developer cannot exercise the option to buy a large piece of land, but then only builds a small development primarily for the purpose of avoiding overpayments and then prolonging the development. A restriction on the register indicates that either the powers of the holder concerned are limited or that a prerequisite must be met before an order can be registered. The purpose of the restrictions is to regulate the registration, not the provisions. Therefore, if a restriction registered in the registry requires consent or has an option requiring consent, the consent granted with respect to the limitation should expressly accept the registration of the order, not the order. This requirement does not apply to a restriction that requires a certificate. In this case, it is sufficient that the certificate meets the requirements of the restriction. However, the effects were illustrated in the most recent case of Valais Limited v Clydesdale Bank plc (2011), in which the applicant (holder of a registered fee) requested the annulment of unilateral notifications in favour of the defendant. A unilateral notification may be filed without the consent of the holder concerned.

The claimant is not required to satisfy the declarant that his claim is valid and does not have to substantiate his claim to the interest with evidence. However, the registrant shall consider whether the interests invoked are of a kind that can be protected by unilateral communication. When one or more registered co-owners are subject to an application for bankruptcy or a bankruptcy order, there is no declaration of bankruptcy or limitation of bankruptcy. However, the trustee in bankruptcy may apply in Form RX1 for a form J limitation as soon as the bankruptcy order has been made. The application should be accompanied by a certified copy of the liquidation of the bankruptcy and proof of the appointment of the trustee. A legal guardian cannot request that a notification be entered in the register, since his appointment does not constitute an office that can be protected by a communication. Where the request for registration in the limitation is submitted by one in two or more holders, the notification of the application shall be served on the other holder(s). See Applications subject to declaration. If an interest had priority before registration in the register, it will lose this status when the communication is registered (Article 29 (3) of the 2002 Land Code). The protection afforded by the registration of a notification is the same as that granted by the higher status. However, the person receiving the interest must be aware that after the interest has been quoted, it is not possible to recover the higher status, even if the termination is lifted.

The option agreement is for a fixed purchase price or includes a method for determining the market value of the land at a given time (usually after obtaining a satisfactory planning authorization). The price is a percentage of this number, minus the development costs shown. It is customary for the agreed purchase price to be indicated in the communication, so it is essential that the valuation method is clearly set out in the option agreement, including assumptions and misconceptions. . . .