Potential for property fraud

Land_Registry

blinko - the restriction does not prevent her from selling as a) she is the sole registered legal owner I assume and b) the restriction you have quoted does not enable him to prevent the sale as it simply states that he has to be notified and when the application to register the purchase is submitted a certificate, signed by the applicant or a conveyancer (not xx or the seller) is supplied confirming this.

You must though rely on your legal advice re such matters and whilst you won't want to rack up a legal bill this specific issue is probably unlikely to cause your conveyancer too many problems in explaining/resolving

KRB2725

When my friend left her husband, he remained in the marital home. During the divorce, she was awarded £x as a settlement but had a charge registered on the property until it was paid.

Land_Registry

Such matters can be handled in a variety of ways but it is important to recognise how such interests are registered and what impact they may then have on both the owner and any buyer, lender etc

A 'charge' can be something quite different from a 'restriction' or 'notice' so dealing with what is registered specifically is always important here.

The registration of such interests is though just one part of the overrall picture and are there to protect the third party's interest. They may not always prevent a sale but there is a process to be followed in satisfying the registered entries as appropriate.

eddddy

On a more general level, if you are worried that the buyer will back out for any reason (including divorce arguments etc), you could ask for a 'pre-contract deposit agreement' that would cover your costs...

...another possibility is a 'pre-contract deposit agreement'. This would mean that each side pays a deposit that will be lost if they pull out without a good reason.

link: https://consultations.rics.org/consult.ti/blue_book/view?objectId=894964&pfv=Y

But first, you would have to pay a solicitor to draw up the agreement. And they are not watertight.

And if you pull out without a good reason (e.g. you just change your mind), you will then lose your fees plus the deposit.

blinko

Thanks for all your replies I think this potential purchase is going to be challenging. Probably explains the reason why the property has been on the market for so long.

Such a shame, when you search so hard and finally think you have found something....