Land Registry questions

js1767

Many thanks for your reply, I don't know the number so I will fill out the form contact online.

[Deleted User]

Hi,

I’m hoping for some advice regarding a land registry issue. I’m selling my property & there is a restriction on the title as per below.


No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the court.

A bit of background, my ex partner registered an interest in my property with the land registry, it was meant to have been all sorted & removed as we came to a settlement. I have confirmation from my solicitor that the registered interest was ended & my ex had no further interest in property.

I have look at the title deeds & my ex’s interest has been removed & is not mentioned anywhere as they were.

I’ve also got a copy of a LR document titled completion of registration from my ex’s solicitor confirming that the interest has been removed.

Can anyone advise me what I need to do to get this removed as I don’t want it holding up the sale as I’m buying a new build with a tight time scale.

Thanks.

Land_Registry

funk_punk wrote: »

Hi,

I’m hoping for some advice regarding a land registry issue. I’m selling my property & there is a restriction on the title as per below.


No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital
money arises is to be registered unless authorised by an order of the court.

A bit of background, my ex partner registered an interest in my property with the land registry, it was meant to have been all sorted & removed as we came to a settlement. I have confirmation from my solicitor that the registered interest was ended & my ex had no further interest in property.

I have look at the title deeds & my ex’s interest has been removed & is not mentioned anywhere as they were.

I’ve also got a copy of a LR document titled completion of registration from my ex’s solicitor confirming that the interest has been removed.

Can anyone advise me what I need to do to get this removed as I don’t want it holding up the sale as I’m buying a new build with a tight time scale.

Thanks.

The entry is a form A restriction which many people associate with trusts/tenancy in common. At some point you either applied for it or it was added as a result of another application

Our online guidance explains how an application to cancel it can be submitted
If there was not trust deed then it may just be the forms RX3 and ST5 you need. One to discuss with your conveyancer if unsure though

freedom12

HI
About to buy a property which is in possession with bank .
At the last moment solicitor is requesting a restriction to be removed from Land Registry which is put by Abacus Land 4 ltd.
the company is gone to liquidation . Is it mandatory to remove it?
Filled the RX3 form given to Land Registry and given them the proof from the companies house that abacus ltd went into liquidation , but the Land registry is not satisfied to remove the restriction. What can be done to remove it ? Any suggestions will be highly appreciated.

Regards.

Land_Registry

freedom12 wrote: »

HI
About to buy a property which is in possession with bank .
At the last moment solicitor is requesting a restriction to be removed from Land Registry which is put by Abacus Land 4 ltd.
the company is gone to liquidation . Is it mandatory to remove it?
Filled the RX3 form given to Land Registry and given them the proof from the companies house that abacus ltd went into liquidation , but the Land registry is not satisfied to remove the restriction. What can be done to remove it ? Any suggestions will be highly appreciated.

Regards.

You'll need to rely on your legal advice here but as you now appreciate a company being dissolved does not on its own confirm the protected interest is no more or it has been settled

I'd suggest referring to section 7.7 of our Practice Guide for assistance

BISCUIT1

Land_Registry wrote: »

It simply means that there are no registered details. There may be other information to consider such as who has done what and when, or what a previous seller told you or your neighbour's at time if purchase.

If there is no information of any sort then the starting point is normally things being shared. But very much up to each of you to discuss and agree upon.

Sorry another question regarding this..recently downloaded plans of both pieces of land show no T marks but a person from the sports club says they have a copy of their plans which show T marks on my side...I have yet to be shown them..is this likely i.e could the plans have changed over time and if so would the LR be able to provide an older copy with these marks on if this is the case? Many Thanks in advance.

laskoibence

@landregistry

Can You check if there is any updates regarding to the restrictions please?

MS563915

freedom12

@Land Registry
I am ready to comply with restriction . But as we cant find anything about company , cant enter into deed of convenant with them

Is there any way round it ? The legal team has given up looking for them now

Land_Registry

BISCUIT1 wrote: »

Sorry another question regarding this..recently downloaded plans of both pieces of land show no T marks but a person from the sports club says they have a copy of their plans which show T marks on my side...I have yet to be shown them..is this likely i.e could the plans have changed over time and if so would the LR be able to provide an older copy with these marks on if this is the case? Many Thanks in advance.

Anything is possible with old deeds/plans but we would not necessarily have an older copy as we don't retain older deeds/documents once registered. They go back to the applicant following first registration as we are not a 'deeds repository' for example.

The important think with any plan, and especially any plan with markings on it, you need the words to provide the context as to the plan's purpose/meaning for example.

People may have an old deed with a plan with T marks but they are not mentioned in the deed. What do they mean if not defined and no context provided?

The old deed may refer to for example a covenant by A N Other to maintain the fences on sides mark T. But that was in 1967 and the owners have changed a number of times since - so is that covenant and plan still binding?

Be interesting to read what context or importance the Sports Club applies to the plan

Land_Registry

laskoibence wrote: »

@landregistry

Can You check if there is any updates regarding to the restrictions please?

MS563915

The application was only submitted today. I suspect it will need all of the average 9 working days before it is fully considered as the application is to disapply the restriction(s) so will need referral to a senior office/lawyer