Restriction on Title Deed - Help.

Confusedgirl91

Hello, hoping someone out there might be able to help!

We're currently in the process of buying our first home, we're having a lot of issues with our vendors solicitors simply not replying to any of our conveyancer's queries etc :mad: One of these is in relation to a restriction on the title deeds for the house which reads as below:

(03.01.2017) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
certificate signed by a conveyancer that that conveyancer is satisfied
that the person who executed the document submitted for registration as
disponor is the same person as the proprietor.

Our conveyancer has queried what this means 7 weeks ago now, but still no reply. With both us, the estate agents and the vendors themselves chasing them constantly it seems. As it stands everyone in the chain is pushing to exchange, but our conveyancer is advising us to wait until the above restriction is either explained or removed entirely. She says she's never come across a restriction like this before?

Anyone know what the above actually means? Is it going to cause an issue for us further down the line if it isn't removed. We're hoping we can get the issue sorted without waiting for the solcitors to reply. Thanks in advance!

Yellow_mango

It looks to me like someone was worried that someone other than the legal owner would try to sell the property. Maybe a messy divorce, or an elderly person with greedy children?

I’d think it is fairly specific to the owner at the time it was imposed, and should be able to be removed without too much difficulty.

You’ll need the lawyers to actually respond and action this though.

Confusedgirl91

Thanks Yellow_Mango, that makes much more sense. It's also good to know we can hopefully get it removed without too much hassle (if we can get the solicitors to ever reply that is). Will speak to our conveyancer tomorrow.

davidmcn

Why doesn't your conveyancer even know what it means? Its meaning is pretty self-explanatory - it's come up here often enough that I recognise it, and I'm not even qualified to conveyancerize in England & Wales!

The vendors will need to persuade their conveyancer to certify that they're satisfied it's the real proprietors who are signing the deed. Some conveyancers are wary about taking on that responsibility, which might be a reason for the hesitation in them answering.

It only applies to the current owners so it will disappear when you register your purchase.

da_rule

Somewhat concerned that your conveyancer doesn’t understand/know what the restriction means. It is a standard Form LL restriction (https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#form-ll).

It is really easy to get around, your conveyancer just needs to ask the sellers conveyancer to produce a certificate saying that they are satisfied that the person who signs the transfer deed is the same person named as the proprietor (owner) of the property in the title register.

The restriction should then fall away, but if it doesn’t then it is a
Simple job (one form) to get it removed following completion.