Land Registry restrictions

reggie01642

I bought a new build from Barratt's in 2010. I used a shared equity option which created a second charge. I have since paid this back and had it in writing that the restriction on the land registry has been removed. We have now decided to sell our house and I have checked the land registry.

In the initial document there were 2 restrictions

3) Restriction: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a certificate signed by BDW Trading Limited etc.... the provisions of clause 12.8.13 of the transfer dated XXX referred to the charges register have been complied with.

4) Restriction: No disposition of the registered estate by the propiertor of the registered estate or by the proprietor of any registered charge not being a charge registered before the entry of this restriction is to be registered without written consent signed by the proprietor for the time being of the charge dated XXXX in favour of BDW trading ltd referred to the charges register.

In the current document the 4th restriction has disappeared which I presume is related to the second charge which we have paid. However the 3rd restriction remains. When we bought the house we were not told about this restriction and presumed it was related to the second charge however clearly not.

Now I do need to speak to our solicitor and Barratt's but I was wondering if anyone had any advice before we do this and any idea what the restriction could be related to?

Many thanks Steve

Jeffrey_Shaw

Restriction 3 is nothing to do with your mortgage.
What does "clause 12.8.13 of the Transfer" say?

antrobus

Barratt Homes is a trading name of BDW Trading Limited. Presumably therefore, Barratt Homes want to ensure you have complied with whatever provisions are in clause 12.8.13 of the transfer.

See above.

Land_Registry

Jeffrey Shaw and antrobus have covered it and the restriction relates to the clause as specifically referred to

In many cases it is a provision that any new owner for example (note the restriction does not apply to a charge (mortgage)) has signed up to or will comply with certain matters - however the answer will be in clause 12.8.13.

You will probably have a copy of the Transfer referred to from when you bought the property but if not you can apply for a copy although the solicitors involved will be doing that and getting a certificate from BDW anyway of course