Restriction land registry

Bigredders

Hi,i recently sold a house which i have owned for 15 years,in this time i have rented it out to different tenants,after each one it has cost me a fair bit of money.
So after the last ones moved,i thought enough is enough i will do it up to sell.
Well eventually it did sell and all went through eventually,however two days after completion my solicitor emailed me to ask if i knew about the restrictions put on the land registry?
When i first bought the property which is all in my name,one of my brother put 4k into it,he did no work on it that was all me and has no input into tbe property whatsover in 15 years.
Can someone tell how he can put a restriction on without me knowing or permission.
I feel sorry for the new owners,as its their solicitors who have messed up by not carrying out searches properly and they cant be registered as new owners.
Just think its lovely brother being a fly in the ointment,how easy is it for restrictions to removed?
Thanks

Emmia

If your brother put money in, and has the restriction on the property he'll need to remove it - which will probably mean you repaying him either the £4k or the equivalent percentage - e.g. if the £4k was for a £100k property it represented 4% of the value - if the property is now worth £200k - his 4% share is now worth £8k.

Hopefully you were intending to repay your brother at some point??

Bigredders

The property made very little profit,over the years i must have put 30k into it,paid mortgage when tenants missed rent,also replaced 2 boilers.
Like i said my brother has had no input into the property,is he going to pay me half of the money ive spent?

canaldumidi

Bigredders said:

The property made very little profit,over the years i must have put 30k into it,paid mortgage when tenants missed rent,also replaced 2 boilers.
Like i said my brother has had no input into the property,is he going to pay me half of the money ive spent?

Yes but that is all irrelevant. What was the agreement with your brother at the time? That you be joint owners? That the £4K was a loan? Interest payable on the loan? Repayment when? Or the £4K represented a share of the property (as Emmia suggests)?

Only you and he know the answer- what does he say?

Was there a mortgage on the property? If yes, your solictor would have given the buyer's solicitor an undertaking to pay off the Charge, and I'd be surprised if that undertaking did not includeall Charges and Restrictions - so your solicitor should have picked this up before Exchange.

But yes, so should the buyer's solicitor

Bigredders

I just want the restriction removed for the new owners

canaldumidi

Bigredders said:

I just want the restriction removed for the new owners

Then speak to your brother!

Bigredders

No the 4k wasn't a loan,its just what he put in ...just like the 30k i put in,the agreement was,i do all the work on the property,i get the mortgage in my name and he was going to bank role it.
However this didnt pan out ...so i did all the work,paid all the bills etc.
There was no written agreement  between us,so if it had gone pear shaped it would have all come down to me,so you can understand me being slightly puzzled as to why he would put a restriction on.

GoogleMeNow

Well, your brother is going to have to agree and sign papers to allow the restriction to be removed.  What do you think he will want in order to have the restriction removed?  You need to have a discussion with him to find out what he will accept.

Bigredders

He will want more than he is entitled to...you dont know him,just a shame it all falls down to the new owners to sort out,as property now sold

Jenni_D

Are you sure the contract has completed? (i.e. it is all done and dusted and you have the money). I would have thought that either your or their (buyer's) solicitor would have spotted something like this before or after contracts were exchanged.

Emmia

Bigredders said:

He will want more than he is entitled to...you dont know him,just a shame it all falls down to the new owners to sort out,as property now sold

Unfortunately you're going to have to talk to him to sort this out - I can see this seems unfair, but if you want to sell (has the transaction gone through) the restriction needs to be removed. 

The time for you to have addressed the lack of his contribution £ on repairs, was when they arose.