removing a restriction

SuziHawes

Hello
I have owned a property since January 2002 that my elderly parents have been living in. My brother is now claiming that he has a share in the property and that he can force a sale. He says his proof is that he was able to put a restriction on the property. This has all been news to me but there is indeed a restriction registered on the property. The thing is, I knew nothing about it. My brother put my address for the notice to be served, as the property concerned.  I have never lived there, so I was not notified at the time of the restriction, nor given the opportunity of 14 days to respond and contest the application. Also, my brother has lived in Italy for the past 17/18 years, has no property in the UK, does not pay any tax, NI etc., is he able to do this? Even if he had a case, which he hasn't! There is no declaration of trust and, as yet, he has not provided me with any evidence that he personally put any money into the purchase of the property.... The property is in my sole name,  as is the mortgage on the property and I have made all the mortgage payments. He has not contributed to any payments or made any improvements to the property.

Can anyone help?

Brock_and_Roll

and, as yet, he has not provided me with any evidence that he personally put any money into the purchase of the property.
That's a little bit cryptic, perhaps accidentally. What's evidence do you think he might find? Did he provide any funds for the deposit etc or other costs when property was originally purchased?
What's the history here? Was the property purchased from your parents, or did you purchase another property and move your parents into it?

Brock_and_Roll

Also, my brother has lived in Italy for the past 17/18 years, has no property in the UK, does not pay any tax, NI etc.
Not relevant to any claims he may or may not have.

SuziHawes

Hello
Thank you for coming back to me. Sorry it was a bit rushed but it's all a bit complicated (as these things usually are!) The idea originally, was for my parents to have somewhere to live as they had lost their home due to the collapse of a company my father and brother were partners in. My brother owed me quite a lot of money from a few years before but I agreed to sell a rental property I owned and put the proceeds and take out a mortgage, into a property for my parents providing he paid me back the monies he owed me first. This he agreed to do.
I sold the flat and the proceeds went to the conveyancing solicitors for the completion of the new property. At the same time my brother announced that he wouldn't be paying me back as he needed all his funds from the sale of his properties, to start a new life in Italy. Anyway, the purchase went through... all the proceeds from my flat were needed to complete, plus there was a shortfall which, I was led to believe, was paid by my mother. (in the region of £10,000) I later took out a top up mortgage on the property and paid her back £10,000. 
Over the years this has come up and I have asked my brother to provide me with evidence of monies, if any, that he paid towards the purchase but, to date, he still hasn't done this. I, of course, need this to calculate any share he might have in the property.
He does say he paid the legal fees for the purchase but, again, the only correspondence to our solicitors is regarding any payments (other than from me) is from my mother. My brother has also stated that he is taking over "Mum and Dads share of the property"? Not something that they have agreed to according to my mother.

xylophone

http://www.diyconveyance.co.uk/notices-restrictions-registered-against-land.html
Is it a  unilateral notice as above?

SuziHawes

Yes it is a unilateral notice.

Kyresa

easy to remove... but you may want to see a solicitor about it.  

SuziHawes

Thank you.

SuziHawes

I need a solicitor to remove it?

xylophone

https://www.gov.uk/government/publications/unilateral-notice-cancellation-un4
Is this what is required?