Strange situation - house buyer

andywalker2005

Owain_Moneysaver wrote: »

Well, you won't, will you. It's not in their interests to give you reliable information that would probably put you off buying.

You need to instruct a solicitor experienced in conveyancing law.

I already have instructed my solicitor who specialize in conveyancing (not sure about specialize in conveyancing law) ... does it mean I need to change my solicitor or just ask him about these details? (Apologies about my ignorance but I really don't know much about these things)

Owain_Moneysaver

You need to ask him about these details, and not try and short-circuit the process yourself.

silvercar

andywalker2005 wrote: »

Its not listed in Section C. However In section B there is a restriction clause Added recently which has the same person's name which is listed on the memo of sale. Am I mistaking this person as trustee?

Sounds like the owners owe someone money and this person has put a charge on the property. Either by going through the courts or otherwise persuading the owners, the owners are needing to sell to pay this person back.

So the owners are having to sell and maybe see themselves as tenants because they have no say in the sale. Doesn't mean they are tenants, doesn't mean they are not still the owners.

Doesn't mean the owners have debt problems, could be the result of an inheritance and needing to pay off a sibling - or a million other reasons.

I'm not a solicitor, so ask yours. Bottom line is that as long as all the charges are removed, it doesn't really matter who you buy from.

andywalker2005

silvercar wrote: »

Sounds like the owners owe someone money and this person has put a charge on the property. Either by going through the courts or otherwise persuading the owners, the owners are needing to sell to pay this person back.

So the owners are having to sell and maybe see themselves as tenants because they have no say in the sale. Doesn't mean they are tenants, doesn't mean they are not still the owners.

Doesn't mean the owners have debt problems, could be the result of an inheritance and needing to pay off a sibling - or a million other reasons.

I'm not a solicitor, so ask yours. Bottom line is that as long as all the charges are removed, it doesn't really matter who you buy from.

Thanks that's a good advise..

mrs_blackadder

Is it possible the owners have done one of those schemes where they sell a proportion of the house and rent it back?

Land_Registry

andywalker2005 wrote: »

Its not listed in Section C. However In section B there is a restriction clause Added recently which has the same person's name which is listed on the memo of sale. Am I mistaking this person as trustee?

Having the benefit of a restriction on the title does not make you the legal owner but from what you are posting it seems that there is clearly something else which has taken or is taking place to enable the person selling to legally do so.

Your starting point re confirming the legal ownership is the register. The two people named as registered proprietors are though not selling so the question for you and your solicitor/conveyancer is 'what evidence has the seller got that they can in fact sell?'

This may be a court order for example so whilst the question is simple the answer may be slightly more complicated and need further investigation.

Note - if you want to post the actual wording of the restriction, name(s) removed, then this may help to offer a view as to what interest the restriction is seeking to protect

AnnieO1234

My immediate thought, pending confirmation of the same by OP, is that the property has been placed in trust with the actual trustees being the current owners. I know around twenty years ago it was a way to circumvent certain benefits (claiming housing benefit for a house you already own for example) and I wonder if this is some how been set up to maybe avoid inheritance tax or similar?

Xxx

andywalker2005

REGISTER EXTRACT

Title Number : #######
Address of the Property : ############
Registered Owners : Mr. A and Mrs A of <Address>
Lender(s) : Bank

Title Number : #######

A. Property Register
This register describes the land and estate comprised in the title <Address>
1. <Date> ....
2. <Date> The transfer dated <Date> referred to in the Charges Register was made pursuant
to Part V of the Housing Act 1985 and the land has the benefit of and is subject to such
easements as are granted and reserved in the said Deed and the easement and rights
specified in the paragraph 2 of schedule 6 of the said Act.

B. Proprietorship Register
This register specifies the class of title and identifies the owner. IT contains any entries that
affects the right of disposal.
Title Absolute
1. <Date> Proprietor : Mr A and MRs A of <Address>
2. <Date> RESTRICTION : No disposition of the registered estate by the proprietor of the registered estate is to be
registered without consent signed by MR X of <Address>

C. Charges Register
This register contains any charges and other matters that affect the land.
1. <Date> Proprietor : <Bank> of registrations, Secured Assets ...
2. <Date> Equitable charge created by an interm charging order of the XXX County Court dated <Date> in favour of Bank2
Note: Copy filed
3. <Date> Equitable charge created by a final charging order of the XXX County Court dated <Date> in favour of Bank2 (Court Ref OOOOOO)

End of register
Note: Copy filed

---

Apologies about spelling mistakes (had to type in hurry)

andywalker2005

Land_Registry_representative wrote: »

Having the benefit of a restriction on the title does not make you the legal owner but from what you are posting it seems that there is clearly something else which has taken or is taking place to enable the person selling to legally do so.

Your starting point re confirming the legal ownership is the register. The two people named as registered proprietors are though not selling so the question for you and your solicitor/conveyancer is 'what evidence has the seller got that they can in fact sell?'

This may be a court order for example so whilst the question is simple the answer may be slightly more complicated and need further investigation.

Note - if you want to post the actual wording of the restriction, name(s) removed, then this may help to offer a view as to what interest the restriction is seeking to protect

Please find the extract of the register as above

thanks

AnnieO1234

Q - where does mr x come from?

X