Help - removing propierorship restriction on property

simplistic

I purchase a property jointly with my sister and father in 1990, and the solicitor acting for me requested that a joint joint propietorship restriction to be entered. In 1993 I verbally settled matters with my sister when she moved to her new house. 12 years ago my sister died, and 8 years ago my father died.

I wrote to my brother in law who sent me confirmation in writing that he has no interest in the property. I also wrote to my brothers and sisters to seek confirnmation that they have no interest in the property (due to my fathers joint proprietorship). I have received confirmation from most, but two wrote back with non-committal replies, and have not made any claim from their side.

In 2007, on submitting the RX3 form to Land Registry, I was told that I need to "lodge a statutory declaration to the effect that in stated circumstances you have become entitled legally and beneficially too the registered land, and that you have not encumbered your undiivided share and have not received notice of any incumbrance upon the undivided shres of the previous trusteed, both deceased"

My question is, 6 years on from submitting my last RX3, should I re-submit the RX3 form together with the letter from my brother in law, and and argue support for my application on the grounds that I have written to all my brothers and sisters, and that because none of them have made any application to claim a share, this constitues as sufficient evidence for the Land Registry to remove the restriction?

Thank you.

simplistic

I'm hoping someone might be able to help....

PasturesNew

This is not something that is common on these boards. Somebody will know the exact/correct answer soon .... with such an obscure question you might have to wait up to another 4-6 hours for that person to get home from their "proper job".

Your initial query was poorly timed as they'd have been off down the pub as it was Friday afternoon and has been a hot weekend

simplistic

Thank you PasturesNew, I will be patient.

rpc

Did you lodge the statutory declaration as requested?

If not, why not?

If you aren't confident yourself, a few hundred pounds with a solicitor could be the simplest way of getting this done.

Land_Registry

Simplistic - it may seem a little odd that I am posting as Land Registry have already stated their requirements regards what is required.
However it is important to understand those requirements in so far as what degree of information is required to satisfy them. The fact that 6 years has passed is unlikely to have any real bearing on the matter as it simply affords more time to say for example an intended beneficiary encumbering their share.

Legal advice is of course recommended but a plausible starting point would be what were the intentions in 1990 when the three of you bought the property and was that formulated in any way e.g. a deed of trust or wills drawn up for each of you showing who got what as and when. It would then be a case of following that line through to confirm what is required.

I suspect from your OP that there was not formal deed or wills to formalise intentions though as you then refer to contacting who you view to be the interested parties. If that is the case then that may be all the information you can provide. Whether that is then sufficient we will not know until an application is submitted, hence the suggested need for legal advice as they will have experience of what is required.

The other point to consider of course is the reason why you now wish to remove the restriction?

For example if you wish to sell the property alternative options may be available to you as in appointing someone else to act as a trustee for your late sister/father's shares so that you can both receive the monies form the sale and then distribute as per any wills or agreements made with real/possible beneficiaries. By appointing someone to act with you it may be possible to deal with the legal ownership aspects whilst who benefits from what would be a separate matter.

I cannot provide legal advice but would encourage you to seek it to cover all possibilities and to ensure that the wishes of your late sister/father are honoured as appropriate and that any interested parties are happy with how the property has been dealt with.

simplistic

Land Registry representative, thank you for your advice.

The property was purchased under the councils buy to let scheme, and I and my sister could only buy jointly with our late father as he was the main tenant. He was retired at the time, and we did not ask him to make any contribution to the deposit or mortgage payments. He did not leave a will - I, jointly with another brother obtained prbate to deal with his estate. As I said earlier, I made a setllement with my sister when she moved out to her new house.

I did employ a solicitor who wrote to all six of my siblings, and to my brother in law asking them to confirm that they have no interest in the property. All but one brother have responded to the solicitor to confirm that they have no interest. One brother, after several attempts by the solicitor replied saying he was too busy to reply. This was all in 2007.

I'm wondering, given that this one brother has made no attempt to put in a claim, is it worth submitting the RX3 form again with a statury declaration on the basis of confirmation letters, and the lack of claim from this one brother?

Hope I have been clear in my post - any further advice appreciated.

simplistic

Also, I am wondering if there is any action I can take against the solicitor who acted for us during the purchase as he did not advise us that he was goint to put in a joint propietorship.

Also, just to clarify, all my other siblings owned and were living in their own house at the time of the purchase, and none of them, apart from my sister, ever lived here.

simplistic

One last thing, I forgot to mention that in 2007 the property became registered in my sole name, but the the restriction is still on the register.

Land_Registry

simplistic - I cannot advise you on whether such an application would be successful I'm afraid as we cannot consider it until actually lodged with us.

In essence we do not know what the circumstances were that led to the registration of the restriction which you are now seeking to remove. You mention that you have already been advised as to what is required but if you are unsure as to what needs to be included in any statement of truth/statutory declaration then you should consult a solicitor,

As far as taking any action against the solicitor is concerned it is again legal advice you require.

You also mention that you are now the sole owner - that is largely why I replied with the question as to what it is you are now trying to achieve re the property. This is something you may wish to also explore with legal advice.

There is little more I can add to my earlier post although others may be able to assist if you are able to confirm the reason for now seeking to remove the restriction.

simplistic

My long term plan is to move to another location.

My understanding is that even if I am the sole owner, the restriction will be an issue that I will have to deal with if I wanted to sell the property to move elsewhere. I don't want to be in a situation in the future where I'm tryng to move, and evrything falls apart because of complications of the restriction.

Another question - if the one brother who is being obstructive decides that he wishes to make a claim, would the amounts be calculated on the current market value and outstanding mortgage, or based on when my father died? What about renovation work that I have done (after the death of my father) that has increased the value of the property, would that be discounted?