Restriction land registry

Bigredders

No it doesn't say anything regarding this

user1977

Bigredders said:

No it doesn't say anything regarding this

Has your solicitor advised you in words of one syllable that this is definitely now the buyer's problem rather than yours?

Bigredders

She put "the buyers solicitor will find it hard to register them as new owners,if the restriction is not lifted"

user1977

Bigredders said:

She put "the buyers solicitor will find it hard to register them as new owners,if the restriction is not lifted"

That's true, but it doesn't necessarily mean they can't look to you to sort it out. I would ask your solicitor to clarify.

Bigredders

I know bottom line is he was just trying to stop the sale of the house,which he never,so he really should take the restriction off

canaldumidi

Bigredders said:

I know bottom line is he was just trying to stop the sale of the house,which he never,so he really should take the restriction off

So you keep saying.

But as we keep saying, that means you will have to pursuade him to do so. If that involves paying him some sum, so be it.

Unfortunately you went into an investment project together with him, without any formal arangement, and the investment appears to have had poor returns either through bad luck or bad judgement.

Having said that, you mentioned CGT, so the property must have turned a profit in terms of its value, given that CGT does not even apply on the first £11K of gain (aprox)

rexmedorum

So you went into buisiness with your brother, without any formal agreement despite the fact you know he'll be likley to cause trouble? (Lessen learn hopefully)

And then somehow he got a charge on the property without your knowledge despite the fact that everything is in your name?.... how is that even possible?

GoogleMeNow

The bottom line is that the restriction has to come off the property and the buyers solicitor will need your solicitor, you and your brother to assist them to achieve that.  The buyer's solicitor made an error if they did not notice this before exchange, but it does not alter the fact that you do need to resolve this, not just as a favour to the buyers, but because they cannot be registered as the new proprietor until you do.  The solicitor won't be able to progress this matter until you and your brother agree terms and sign papers.

Bigredders

Solicitor emailed to say land registry didn't serve notice of restriction till the 29th,I completed on the 26th,so are they at fault?

Bigredders

And yes lesson learned