Restrictions in Land Registry blocking sale

da_rule

This really isn’t that complicated and it is somewhat concerning that your solicitor hasn’t dealt with these types of restriction before.

Basically, on the day of completion (once completion has occurred), you or your solicitor send notices that the sale has taken place to the parties named in the restriction at the addresses contained in the restriction.

You/your solicitor then produce a certificate (essentially just a letter addressed to the Land Registry) stating that this has been done.

You also submit an RX3 as part of the application for registration as the restrictions are no longer relevant in that (1) the terms have been complied with and (2) Adwoa Aniwaa no longer has a beneficial interest in the property and therefore there is nothing to secure the orders protected by the restriction on.

If the charging orders are protected by the restriction only then that is the end of the process and it is irrelevant to you whether or not the debt gets paid out of the proceeds of the sale.

However, if they are also noted in the charges register then they would need to be treated as any other mortgage or charge. Essentially your solicitor should be getting an undertaking from the sellers solicitor that the debt secured by the charging orders will be paid and that that charges will be discharged (removed from the title).

M_Python

@Teea
It would probably be a good idea if you deleted the names of the sellers.

@blackcurrant
You'd be better off starting your own thread rather than tag on to someone else's as it will get confusing.

Teea

Thank you to everyone who posted here so far, especially xylophone and da_rule. I now have ample arguments to lob at my solicitor. This is an important transaction as my family are not wealthy; we have pooled all our resources to buy an ex-council flat for my brother and sister that would secure their financial future. Will keep you posted on developments in the next couple of weeks.

Teea

UPDATE 06/10/2019: Hey everyone thanks again for your excellent advice. In the end, we had to change solicitors in order for our purchase to go through, but it's now on track again. I presented the evidence and procedures to my original solicitors DWS Legal (Asma Aboo and Pam Halladay) who completely stonewalled us. They even took offence at our pretending to 'know the law better than them' and refused to take our conveyancing case further. So we changed solicitor. It took a couple of days of calling round to ask if someone was familiar with these restrictions, a key point being that it was a jointly owned property therefore the restrictions didn't carry the weight of official notices. Our new solicitor at TWM, although charging much more than DWS Legal, could not believe how inept our original solicitors had been. Had it not been for the good advice on this site, I might have given up on the dream of getting my brother on the property ladder. Thanks again.