Land Registry questions

Planahead

Dear Land Registry
I want to sell my property which has a restriction placed upon it by the council [in respect of care home fees] -the wording is as shown below. 

No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [NAME OF COUNCIL] [ADDRESS OF COUNCIL] being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.
I have been advised on other forums that this is a restriction K with no teeth and that all my conveyancing solicitors needs to do is simply to inform the council AFTER the property has been sold? Is this correct please? If so this would allow me to sell the property and continue my claim/fight with the council as I feel my parent was entitled to NHS Continuing Care. I understand that a full charging order was not put in place because my parent was a joint proprietor of the house along with myself. 
I would be really grateful for any assistance on this point. 
Thank you.

Land_Registry

Planahead said:

Dear Land Registry
I want to sell my property which has a restriction placed upon it by the council [in respect of care home fees] -the wording is as shown below. 

No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [NAME OF COUNCIL] [ADDRESS OF COUNCIL] being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.
I have been advised on other forums that this is a restriction K with no teeth and that all my conveyancing solicitors needs to do is simply to inform the council AFTER the property has been sold? Is this correct please? If so this would allow me to sell the property and continue my claim/fight with the council as I feel my parent was entitled to NHS Continuing Care. I understand that a full charging order was not put in place because my parent was a joint proprietor of the house along with myself. 
I would be really grateful for any assistance on this point. 
Thank you.

It’s not a form K restriction as you can see from the wording provided in our PG
Its effect may be the same and follow the advice already received though
A HSSASSA charge is usually protected by a form MM restriction - see same guide
A charging order against one of joint proprietors has a different effect re the registered property to one against a sole registered owner. Whether it’s an interim or full won’t usually impact from a registration perspective. 

If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 

So you need to confirm the wording and rely on your legal advice here. You will also be very reliant on your buyer’s legal advice as well of course.
And I would stress that looking at the wording in isolation will rarely provide a definitive answer. We can only offer ifs buts and maybes as we won’t consider it until an application to register the purchase is submitted. We have to consider the whole application and not one aspect in isolation.   

Planahead

Dear LR
Thanks for the response. 
I've looked at the form MM online but I can't see anything resembling this wording in my case. The application by the council was made on RX1 'Application to enter a restriction' [I have a copy of this and earlier advice from LR [on the blog that stopped running on 30.06.20 pending a new platform, hence I can't retrieve the advice!] was that this was a 'non-standard' restriction. Also that 'interim' and 'final' order / charge did not apply as this was a  charge arising from statute.

If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 

I had a joint tenancy with my parents who are both no longer alive so I am now the sole owner.
What exactly does it mean when you say 'providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provide'? Again this goes back to the original question - does my conveyancing solicitor only have to inform the council after the property has been sold? Is that the extent of the restriction? I am reading it that my conveyancing solicitor tells the council the property is sold [via a certificate?] and with the certificate the buyer can then register themselves as the new owner with the Land Registry?  Is this correct please?
Thank you

Land_Registry

Planahead said:

Dear LR
Thanks for the response. 
I've looked at the form MM online but I can't see anything resembling this wording in my case. The application by the council was made on RX1 'Application to enter a restriction' [I have a copy of this and earlier advice from LR [on the blog that stopped running on 30.06.20 pending a new platform, hence I can't retrieve the advice!] was that this was a 'non-standard' restriction. Also that 'interim' and 'final' order / charge did not apply as this was a  charge arising from statute.

If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 

I had a joint tenancy with my parents who are both no longer alive so I am now the sole owner.
What exactly does it mean when you say 'providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provide'? Again this goes back to the original question - does my conveyancing solicitor only have to inform the council after the property has been sold? Is that the extent of the restriction? I am reading it that my conveyancing solicitor tells the council the property is sold [via a certificate?] and with the certificate the buyer can then register themselves as the new owner with the Land Registry?  Is this correct please?
Thank you

You have also been sending DMs so I’ve responded to those. 

I suggest that once you’ve read those and spoken to your solicitor that you update everyone with the advice given/outcome
For the sale of completeness though re the restriction please note it states that it is the applicant (your buyer) or their conveyancer who comply with the restriction and provide the certificate 

MrMagoo24601

Hi. My parents each owned a 50% share of their house as tenants in common. They have both died and I have obtained the probate papers for each parent. Can I submit a single application to transfer the house to me, or do I need to file a separate application (AS1, AP1, ID3) for each parent’s share? 

Land_Registry

MrMagoo24601 said:

Hi. My parents each owned a 50% share of their house as tenants in common. They have both died and I have obtained the probate papers for each parent. Can I submit a single application to transfer the house to me, or do I need to file a separate application (AS1, AP1, ID3) for each parent’s share? 

I am sorry to read of you loss. The legal ownership, which we register, passes to the surviving joint owner. So probate is required for him/her only if dealing with the property. 

You can’t transfer or assent a half share as you always have to deal with the whole of the legal ownership. 

So one AP1, AS1 and probate as above plus death certificate or probate for the first deceased 
If you are both executor and beneficiary so are transferring as executor to beneficiary then you don’t need to have your identity verified. The probate issued in your name is sufficient 

magpie

Hi, I am in the middle of selling my late mothers property. The boundary lines are not very clear as everything has been overgrown for years and I don't know where her property ends and the neighbours begin. I have asked the very elderly neighbour and he does not know either and is not very helpful as he and my mother did not get on . Both properties were built over 60 years ago and have only been occupied by original residents. How do I establish where the boundary lines are please? Many thanks

Falafels

Hi there again; just seeing if the application had managed to get to the 'top of the queue'! I was just wondering if there had been any progress with an application to cancel a lease, title no. HW51114.

Many thanks for your time!

Land_Registry

magpie said:

Hi, I am in the middle of selling my late mothers property. The boundary lines are not very clear as everything has been overgrown for years and I don't know where her property ends and the neighbours begin. I have asked the very elderly neighbour and he does not know either and is not very helpful as he and my mother did not get on . Both properties were built over 60 years ago and have only been occupied by original residents. How do I establish where the boundary lines are please? Many thanks

I would start by checking the registered title to confirm how it is registered. If unregistered then you would be reliant on any paper deeds you may hold. 

Our Practice Guide 40 supplements 3-5 inc then provide wider guidance 
If you require assistance in interpreting the registered or unregistered information then I would recommend finding a surveyor (RICS) to report for you. 

And it might be prudent to encourage your neighbour to do the same as if you are looking to define where the boundary lies then involving the neighbour and securing an agreement is a ‘must have’ in my experience 

Land_Registry

Falafels said:

Hi there again; just seeing if the application had managed to get to the 'top of the queue'! I was just wondering if there had been any progress with an application to cancel a lease, title no. HW51114.

It was actually completed yesterday and the register updated