Title Restrictions preventing completion

PasturesNew

At a wild guess it's the one of 05.06.2017. That, to me (untrained/unqualified) reads as if maybe this property was bought by a couple, who split up - and the one who walked away needs to confirm they're happy to sell. ... or similar.

So they'd have to ask about this ancient ex and get an address and get them to agree "Yeah, I know about that" - and there might be a sum of money involved where that person is to get a cut of the sale price.

Smithyt

Thanks for the responses, guess it is a waiting game, I knew the property was repossessed but did not know about any restrictions etc.

Just very frustrating as Im not in a chain and property is vacant in need of love and attention and I thought this would have been found out or dealt with sooner.

I do not want to pull out of the purchase so I will have to sit and wait as it is out of my hands.fingers crossed the Land registry will be able to move fairly quickly with this.

Land_Registry

So it's a repossession? - if so then the approach differs as it is being sold by the mortgage lender and not the registered proprietor
I notice you posted that it was 'a mortgage in position sale' so shoudl have queried that, apologies

Repossession's are not the same as a normal A to B sale/purchase and will have different requirements - see our Practice Guide section 2 for an explanation as to how other protected interests are dealt with by us

Smithyt

Thanks for your response, so are the sellers solicitors correct in thinking that all restrictions are lifted and title solely in my name after completion?

Or is it not that simple?

Land_Registry

Smithyt wrote: »

Thanks for your response, so are the sellers solicitors correct in thinking that all restrictions are lifted and title solely in my name after completion?

Or is it not that simple?

It can be that simple but it’s all about what has priority. If the repossession is by the first lender then normally it trumps all. But if the restriction is dated before that charge was registered then it gets more complicated.

The Practice Guide explains our approach but the solicitor should know how the law deals with it and that maybe why the RX3 route has been chosen although unclear on what basis it would be cancelled in circumstances you have described
So I’m guessing that restriction has priority over the lender triggering the repossession

Smithyt

Thanks for the replies, the whole thing is a bit baffling i have copied a copy of the register with all personal details hidden for obvious reasons to see if anyone can make sense of it as it baffles me.

The electronic official copy of the register follows this message.
Please note that this is the only official copy we will issue. We will not issue a paper official copy.
HM Land Registry
Title number ESX375319 Edition date 07.02.2019
Official copy of register of title
This official copy shows the entries on the register of title on 18 JUN 2019 at 15:20:10. This date must be quoted as the "search from date" in any official search application based on this copy. The date at the beginning of an entry is the date on which the entry was made in the register. Issued on 18 Jun 2019. Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original. This title is dealt with by HM Land Registry, Coventry Office.
A: Property Register This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the
registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land. EAST SUSSEX : LEWES
(17.06.2016) The Leasehold land demised by the lease referred to below which lies within the area shown edged with red on the plan of the above Title filed at the Registry and being xxxxxxxxxxxxxxxxxxxxxxxxxx
NOTE: The flat is on the first and second floors and includes the ground floor entrance and the loft space.
(17.06.2016) The title includes any legal easements referred to in clause LR11.1 of the registered lease but is subject to any rights that are granted or reserved by the lease and affect the registered land.
(17.06.2016) The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Conveyance of the freehold estate in the land in this title and other land dated 2 September 1944 made between (1)xxxxxxxx (Vendor) and (2) xxxxxxxxxxxx (Purchaser): -

"TOGETHER ALSO with the right for the purchaser his heirs tenants and assigns to drain the hereditaments hereby conveyed through the hereditaments coloured pink on the said plan in the direction shown on
such plan by a red line in common with the owners and occupiers for the time being of the said hereditaments coloured pink on the said plan TOGETHER ALSO with and subject to all such rights of water light drip and other matters in the nature of easements as are now subsisting between the property hereby conveyed and the adjoining property
coloured pink on the said plan."


NOTE: The land coloured pink referred to adjoins the southern and western boundaries of the land in this title. The red line referred to is shown by a blue broken line on the title plan.
(17.06.2016) Short particulars of the lease (s) (or under-lease (s) ) under which the land is held: Date
: 18 May 2016 Term
: 999 years from and including 18 May 2016
1 of 2
Title number ESX375319
A: Property Register continued
Parties : (1) xxxxxxxxxy
(2)xxxxxxxxxxxxxxx
(17.06.2016) The Lease prohibits or restricts alienation.
(17.06.2016) The landlord's title is registered.
B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute
(17.06.2016) PROPRIETOR:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(05.06.2017) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed byxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx or his personal representative.
(17.06.2016) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 18 May 2016 in favour of xxxxxxxxxx (Uk) Limited referred to in the Charges Register.

C: Charges Register This register contains any charges and other matters that affect the land.
(17.06.2016) REGISTERED CHARGE dated 18 May 2016.
(15.11.2017) Proprietor:xxxxxxxxxxxx (UK) LIMITED (Co. Regn. No. xxxxxxxx) of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(17.06.2016) REGISTERED CHARGE dated 18 May 2016. NOTE: Principal Deed formerly registered under ESX87418.
(17.06.2016) Proprietor: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
(17.06.2016) A deed dated 18 May 2016 made between (1) xxxxxxxx UK PLC (2)xxxxxxxMxxxxn and (3) xxxxxxxxxxxxxxxxxx relates to the priorities of the charges both dated 18 May 2016 referred to above.
NOTE: Copy filed.
(05.06.2017) Charge dated 6 December 2016 in favour of xxxxxxxxxxxxxxxx
(27.11.2017) UNILATERAL NOTICE against the Charge dated 18 May 2016 in favour ofxxxxxxxxxxxxx(UK) Limited referred to above in respect of a charge contained in a security assignment of contractual rights dated 10 November 2017 made between (1) xxxxxxxxxxl (UK) Limited and (2)xxxxxxxxxxxxxxx Company Limited.
(27.11.2017) BENEFICIARY of unilateral notice against the charge: xxxxxxxxxxx Company Limited (Co. Regn. No.xxxxxxx) of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
End of register

Land_Registry

It can appear to be baffling but by and large such matters are quite straightforward from a registration perspective

You'll need to rely on your conveyancer here as I note that they have now made an application in form RX3 to try and cancel entry B2. That application will have to be considered and dealt with as appropriate and it would be wrong to discuss the finer details and possible outcomes here for risk of undermining both the conveyancer and our own people who will deal with their application.

Hopefully your conveyancer can make sense of things for you and I would again refer to the Practice Guide already mentioned and section 2.2.8 specifically

Smithyt

Thank you for your help

Smithyt

Hi,

Sorry to post again, my solicitor has come back to me after receiving a response from Land Registry to say that they will need consent from the Restrictors to remove the restrictions from the title and that they have written to them to request this.

My question now is what if the restrictors do not respond or refuse to give consent to this? If anybody knows the answers please let me know.

I am at the point now where i need to decide if I should pull out of the purchase or not as I really do not see an end point and I currently have nowhere to live.

Land_Registry

If they refuse or do not respond then it is likely legal action would be required. Your conveyancer should advise you on that possibility.

We can really only refer you to the PG 75 as mentioned and it is for the lender/their conveyancer to unravel the legal impact of how their repossession legally affects or is affected by the interest of the named restrictioner and their estate, as dealt with by their personal representative(s)