Advice needed please

xylophone

It is open to you and your brother to take legal advice concerning registering a restriction at the Land Registry?

harrypp

Thank you all for your feedback.
it is highly disappointing to hear but absolutely essential for us to know.

we hadn’t realised my father was the only person who could decide whether the property would be sold. I am dyslexic so just wanted to confirm the following is correct

legally, my father is the sole owner of the property and decided what happens with it 

If he does decide to sell, only then will my brother and I receive our 50% share of the property Proceeds.

xylophone

legally, my father is the sole owner of the property and decided what happens with it 

This is the case but  re sale, did you note  https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

In order to protect the beneficiaries, when joint proprietors originally decide to hold a property as tenants in common a restriction should be registered at Land Registry. Where the transfer to the proprietors indicates they wish to hold as tenants in common this restriction will be registered automatically. The effect of the restriction is that a disposition (i.e. a transfer or mortgage) by a sole proprietor cannot be registered.

To get past this restriction and sell the property, the sole surviving tenant in common can appoint a second trustee along with himself. This can be done either in the transfer or by a separate deed. The trustee then signs the transfer along with the proprietor and receives the sale proceeds jointly. It is then the responsibility of the trustee together with the surviving tenant in common to ensure that the beneficiaries receive their share. As long as the purchase money is paid to two or more trustees the purchaser is protected from any claim that the beneficiaries might have if they do not receive the money they are entitled to.

The restriction to which reference is made above is a Form A Restriction.

If you find the above difficult to understand, I would strongly suggest that you see a solicitor - you could also discuss the entry of another type of restriction on the Register to protect your and your brother's interest.