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Removing restriction from title deed
Superclarkkent
Posts: 44 Forumite
We are in the final stages of buying a house and it has been quite a long and stressful process. We thought we were ready to exchange (deeds, contract and TR1 all signed and returned for our purchase and sale) when our conveyancer raised a request for a couple of undertakings, one of which relates to a restriction on the title as follows:
RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to XXX Law Limited (Co. Regn. No. 0XXXXXX0) at ADDRESS, being the person with the benefit of an interim charging order on the beneficial interest of VENDORS NAME made by the High Court of Justice, Queen's Bench Division on 17 May 2016 (Court reference HXXXXXXXX7).
Our conveyancer is insisting that the vendor's solicitor serve notice of the disposition to the 3rd party (XXX Law) and provide us with a copy of the correspondence as evidence. The vendor's solicitor is refusing to do this as they also have a Vesting Order which gives them complete power to sell the property on behalf of the vendor.
We believe that the wording of the restriction gives our conveyancer the authority to send notice of the disposition to the 3rd party (it doesn't specifically state who should serve this notice, so our assumption is that either party can legitimately take this on).
Question is, can our conveyancer serve the notice of disposition and if so, how do we go about persuading them that this is the case and is the best way to break the deadlock we find ourselves in at such a late stage? This is threatening to bring down the whole chain at the final moment, it is only a short chain (our buyer, us, our vendor) and is incredibly frustrating as neither side seems at all willing to back down.
Thanks in advance, and if there's any more detail required to give a solution please let me know.
RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to XXX Law Limited (Co. Regn. No. 0XXXXXX0) at ADDRESS, being the person with the benefit of an interim charging order on the beneficial interest of VENDORS NAME made by the High Court of Justice, Queen's Bench Division on 17 May 2016 (Court reference HXXXXXXXX7).
Our conveyancer is insisting that the vendor's solicitor serve notice of the disposition to the 3rd party (XXX Law) and provide us with a copy of the correspondence as evidence. The vendor's solicitor is refusing to do this as they also have a Vesting Order which gives them complete power to sell the property on behalf of the vendor.
We believe that the wording of the restriction gives our conveyancer the authority to send notice of the disposition to the 3rd party (it doesn't specifically state who should serve this notice, so our assumption is that either party can legitimately take this on).
Question is, can our conveyancer serve the notice of disposition and if so, how do we go about persuading them that this is the case and is the best way to break the deadlock we find ourselves in at such a late stage? This is threatening to bring down the whole chain at the final moment, it is only a short chain (our buyer, us, our vendor) and is incredibly frustrating as neither side seems at all willing to back down.
Thanks in advance, and if there's any more detail required to give a solution please let me know.
0
Comments
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https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth/p1
Sorry can't really help but you will probably get a reply on the three above. Eggbox is very helpful"If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling1 -
Thank you - I've since contacted Eggbox directly as gather he is an expert in these matters.0
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