Title Restrictions - Help!!!

hotpot1000

according to this thread below, you only need to inform the party who placed the restriction that the property is sold and that's it.

https://forums.moneysavingexpert.com/discussion/1839539

Richard_Webster

in my case the property is a reposetion and has been empty since 2005. The seller is trying to force me to exchange contracts with the restriction still in place, they say that it can be removed after completeion. My solicitor does not agree and is not comfortable that it can be removed after completion???

Gregg - our situations are more similar than I thought! Mine is also a reposession and the seller is also trying to pressure me into exchanging ("just take a view on it" is her expression). My solicitor is adament this needs sorting prior to exchange. My understanding is that the contact at the selling company is just some kind of admin person and doesn't understand the legal complexities!

If these two purchases are from mortgagees in possession I don't understand the buyers's solicitors' attitude, as a transfer by a mortgagee overreaches (bypasses) this sort of restriction because it applies to the registered proprietor of the property (who has been evicted) and not to the mortgagee.

The restriction itself is a normal tenants in common restriction and nothing to be worried about in an ordinary (non-mortgagee in possession case) as long as both signatures are obtained.