Land registry restriction

bellasally14

Hi all I could do with some advice please.... I brought my first home in December 2000 and I am now selling it my brother as I have brought a home with my partner. My solicitor has contacted me to say I need permission to sell as per a restriction on the land registry which I did not know about. Apparently in 1989 a restriction was put on the land registry that the house could not be sold without the permission of the three children of the lady who owned the house. I brought the house off the children when the lady who owned the house passed away. Apparently my solicitor in 2000 never took this restriction off the land registry even though the family sold the house freehold to me and I was not informed about the restriction. Surely my solicitor should of dealt with this?

I am now really confused as my solicitor has said we will need to get all three of their permissions to sell my house which I have owned for17 years I don't even know these people. I have emailed the land registry last weekend via the contact us button to ask how this restriction can be removed as I don't know these people and I brought the house from them 17 years ago I really don't see why I should pay for solicitors letters asking their permission to sell? The land registry have not got back to me yet nor my solicitor and I have been worrying about this all week. Any advice greatly appreciated.

Thank you

G_M

bellasally14 wrote: »

.... Surely my solicitor should of dealt with this?
Yes

..... I really don't see why I should pay for solicitors letters asking their permission to sell? The land registry have not got back to me yet nor my solicitor and I have been worrying about this all week. Any advice greatly appreciated.

Thank you

Well, your current solicitor won't do the work for mothing..... So choose: pay him to sort this out and then put in a claim to your original solcitor, or don't get it sorted and keep the house.

Without the Restriction being removed, the LR will not transfer the Title to your buyer. As your buyer knows this, he will not proceed till the Restriction is removed.

Uness he is a dumb-*rse

bobobski

Just to add, *in theory* you can proceed with the transfer without the consents necessary to satisfy the restriction, and if my memory serves the transfer will take effect in equity, but it will not take effect in law until it is registered, and for that you need to deal with (i.e. remove or satisfy) the restriction. BUT I say "in theory" because no buyer in their right minds (including your brother) will proceed with a purchase until they know they will get the legal title. Point is, ability to register is not strictly necessary for the transfer to go ahead, but in practice it is.

GDB2222

G_M wrote: »

Well, your current solicitor won't do the work for mothing..... So choose: pay him to sort this out and then put in a claim to your original solcitor, or don't get it sorted and keep the house.

Without the Restriction being removed, the LR will not transfer the Title to your buyer. As your buyer knows this, he will not proceed till the Restriction is removed.

Uness he is a dumb-*rse

Won't any claim against the original solicitor be statute barred after 17 years?

If the three vendors are cooperative, this can easily be sorted out. However, it gets more expensive if they refuse or can't be found.

The op could just submit a form RX3 and explain the reason in box 9. The LR will then say what supporting evidence they require. Possibly not a lot in the circumstances.

G_M

Sorry - I missed the "17 years"!

Land_Registry

bellasally14 As others have posted if you intend to apply to have the restriction cancelled then you would need to complete form RX3 and submit that along with any supporting evidence to confirm that the interest protected by the restriction has come to an end.

Panel 9 of the form RX3 should be completed to explain why the restriction is no longer required so focus on the facts re the property sale and reasons you believe that the restriction wa sput in place at the time and how they no longer exist for example

If you decide to contact the beneficiaries themselves and ask them to withdraw it then they would complete and submit a form RX4.

I note that you emailed us on the 9th and we replied on the 13th before you emailed us again on the 15th. I've arranged for that second email to be replied to as well.

As a general note with restrictions part of the process of obtaining a consent would also normally include considering whether the restriction should remain in place after the sale/purchase. A restriction has to be applied for to be entered so it follows that any removal has to also be applied for. There are exceptions but not with examples such as this

GDB2222

Land_Registry_representative wrote: »

bellasally14 As others have posted if you intend to apply to have the restriction cancelled then you would need to complete form RX3 and submit that along with any supporting evidence to confirm that the interest protected by the restriction has come to an end.

Panel 9 of the form RX3 should be completed to explain why the restriction is no longer required so focus on the facts re the property sale and reasons you believe that the restriciton wa sput in place at the time and how they no longer exist for example

If you decide to contact the beneficiaries themselves and ask them to withdraw it then they would complete and submit a form RX4.

I note that you emailed us on the 9th and we replied on the 13th before you emailed us again on the 15th. I've arranged for that second email to be replied to as well.

Obviously it's best if the beneficiaries withdraw the restriction. But if they can't be found or won't cooperate, how much proof is required in a case like this, where it's clear from the LR records that they sold the property many years ago?

Land_Registry

GDB2222 wrote: »

Obviously it's best if the beneficiaries withdraw the restriction. But if they can't be found or won't cooperate, how much proof is required in a case like this, where it's clear from the LR records that they sold the property many years ago?

GDB2222 - every case is treated on merit but in cases such as this it reads as if the OP has enough information to get past first base as he/she is aware of the history behind why the restriction was registered, presumably drawn form when the consent to the sale/purchase was obtained at the time

2nd base is then the details we hold on record re the original entry of the restriction. Often additional details are provided which indicate what interests are being protected so then a case of matching 1st and 2nd bases.

If they match then we will carry out further checks, perhaps including writing to the beneficiaries ourselves, which would be 3rd base.

4th base then hangs on any responses and/or results from those checks