Sole Proprietor Restriction

Mc96

Hi, I’m purchasing a property with no chain and I believe the house has been inherited due to owner passing away. I had my offer accepted/mem of sale on the 20/07/19 nearly 5 months ago. And searches were complete 10/09/19 3 months ago there have been some enquires on going 8 in total and 4 left.

These are (left for seller to do)

Please fill out Underpinning Enquires Form
Sole Proprietor restriction (please amend the contract to include a trustee)
Housing grant obtained a few years ago please provide proof this has been cleared
Rear Access way right of way

Rear access is quite a straight forward thing I would think but I was wondering if anyone has any experience or more information on the others! Especially the Sole Proprietor

I’ve chased the solicitors weekly and am in no major rush it’s just would like an idea of how long this could take and also if there is a chance it may never happen! Any sort of time scale range is appreciated although I’m aware that every one is different and it can vary massively!

Thanks

Thrugelmir

Has probate been granted?

Executors may also struggle to answer the enquiries.

Mc96

Thanks for the reply

Yes the person passed away in 2017 and probate was received June 2018

Mc96

For anyone who comes across this post for more information on Sole Proprietor Restrictions I’ve just found this which clears it up!

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."The above restriction appears when 2 or more people purchase a property and choose to hold it as Tenants in Common , rather than as Joint Tenants. It should also be registered (though the proprietors will need to apply to the Land Registry) if a Joint Tenancy is severed. Its purpose is to ensure that, on the death of one proprietor, the property cannot be sold by one survivor on his own. Instead, either the personal representatives of the deceased must join in the sale, or else the survivor must appoint a trustee. The appointment is usually made in the transfer deed with the following wording in box 12 "So that the Transferor can give a good receipt for the purchase price Jane Doe in exercise of her statutory powers appoints John Doe to be a trustee of the Property together with Jane Doe". The appointment of a trustee overreaches the other proprietor's interest in the legal title (he does not have to be deceased) however the trustee is then equally responsible with the seller for ensuring that the other proprietor (or his estate) receives whatever portion of the equity that is due to him".

Mc96

Apologies for replying to my own post but is there anyone on here who has experience with this and if so what was the outcome and how long did it take for your purchase to go through?