Restriction on the property

Hello all,

I am trying to re-mortgage my property to a new bank and the solicitor of the bank  has noted a restriction on my property.

it says:

(05.01.2015) RESTRICTION: No disposition of the registered estate by

the proprietor of the registered estate , or by the proprietor of any

registered charge, not being a charge registered before the entry of

this restriction, is to be registered without a certificate signed by

the proprietor for the time being of the estate registered under title

number SYK*** that the provisions of clause 4.3 and 4.4 of a Deed of

Easement dated 23 July 2013 made between (1) Alan ***, Peter

*** and Doreen * (2) ***Limited and (3) Anthony *** and Christine ****

have been complied with or that they do not apply to the

disposition.

I am the proprietor and

Solicitor is suggesting to contact these people to remove the restriction, but I don't have any contact details for them.

Questions are,

1.What can I do if I cannot trace these people?

2.If I trace them, what sort of documentation they need to provide to remove this restriction?

Youyr help is deeply appreciated.

Thanks

SK


Comments

  • peb
    peb Posts: 1,778 Forumite
    Name Dropper Combo Breaker First Post First Anniversary
    K.  Firstly you need a copy of the title referred to, which will set out the contact details of the current register proprietor then you need a copy of the deed of easement.  I suspect that there are requirements on that deed of easement.   I would expect your solicitor to deal with this for you though.   If the registered proprietor doesn't assist then there are ways that the land registry will deal with this.   If you are using an in house solicitor/conveyancer or one instructed by and for the lender solely you may need to instruct your own - this isn't complicated in the first instance, only if the registered proprietor ignores the request.  It's not unusual.
  • Thanks, will try those and see if I can resolve the issue.
  • The people mentioned on the restriction are happy to issue a ltter confirming the restriction no longer applies.
    Does anyone know how to draft a letter for that or where to get help.
    Thanks
  • saneshks said:
    The people mentioned on the restriction are happy to issue a ltter confirming the restriction no longer applies.
    Does anyone know how to draft a letter for that or where to get help.
    Thanks
    Try Legalbeagles website
    MFW -  01 10 21. £63761 01.10.22 £50962 01.10.23 £39979

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