Proprietorship Register Restrictions

Scarlets24

Hi everyone, I am new to the site and am hoping someone can help me with my query, I have looked at other threads but not managed to find anything similar.

My partner's father passed away recently, and has left a will that leaves his estate to my partner. The estate is a small amount of money, and a house.

My query comes in form of the Deeds to the house. There are 3 entries under part B: Proprietorship Register, the 1st stating that my partners father is the proprietor, and then the next 2 entries are both restrictions:

RESTRICTION: No disposition by a sole proprietor of the
land (not being a trust corporation) under which capital money arises
is to be registered except under an order of the registrar or of the
Court.

and

RESTRICTION: Except under an order of the registrar
no disposition by a proprietor of the
land is to be registered without the consent of the
personal representatives of ****** ****** (his former wife).


His former wife died many years ago, so we don't know where to go from here!

Any advice would be much appreciated.

g6jns_2

Scarlets24 wrote: »

Hi everyone, I am new to the site and am hoping someone can help me with my query, I have looked at other threads but not managed to find anything similar.

My partner's father passed away recently, and has left a will that leaves his estate to my partner. The estate is a small amount of money, and a house.

My query comes in form of the Deeds to the house. There are 3 entries under part B: Proprietorship Register, the 1st stating that my partners father is the proprietor, and then the next 2 entries are both restrictions:

RESTRICTION: No disposition by a sole proprietor of the
land (not being a trust corporation) under which capital money arises
is to be registered except under an order of the registrar or of the
Court.

and

RESTRICTION: Except under an order of the registrar
no disposition by a proprietor of the
land is to be registered without the consent of the
personal representatives of ****** ****** (his former wife).


His former wife died many years ago, so we don't know where to go from here!

Any advice would be much appreciated.

This means, AFAIK, his late wife had a share of the property that has not been dealt with by her executors. This interest needs to be resolved to move forward. You need to find out what her interest was and who it devolves to by her will. If you don't have access to the will you can buy a copy for £10 assuming it has been admitted to probate.

Scarlets24

I think his former wife died without a will (awaiting conformation from probate office), and if I am right, her estate would have passed to her husband at the time due to rules of intestacy.










He has since died also, so what would that mean? Would the
restriction still be valid and pass down to his estate (not sure if he had a will so would need to search for that)?

RAS

Which country are you in as the rules of intestacy are different?

Was mother's husband not partner's father (second or subsequent marriage)?

Scarlets24

In the UK.


no, the former wife's husband at the time of her death was not my partners father, they had split up and she had remarried.

RAS

English law is very different to Scottish law on intestacy.

https://www.gov.uk/inherits-someone-dies-without-will

You could find that a very distant relative of the second husband has inherited an interest in the house.