LR Prevent a sale or mortgage

tomg35

In the latest money tips newsletter is a section on preventing HM Land Registry from registering a sale or mortgage on their property without consent. There are two parts, the first is to receive a notification if there is a search or application on the property.
The second is filling in a form preventing Land Registry registering a sale or mortgage on their property without consent and if the applicant doesn't live at the property there's no fee.
When I look at the Land registry site there seems to be a number of forms, that relate to this. Could someone, please, advise which form it is and point to the bit about it being free to register?
Thanks

london21

tomg35 said:

In the latest money tips newsletter is a section on preventing HM Land Registry from registering a sale or mortgage on their property without consent. There are two parts, the first is to receive a notification if there is a search or application on the property.
The second is filling in a form preventing Land Registry registering a sale or mortgage on their property without consent and if the applicant doesn't live at the property there's no fee.
When I look at the Land registry site there seems to be a number of forms, that relate to this. Could someone, please, advise which form it is and point to the bit about it being free to register?
Thanks

Property alert service 

https://propertyalert.landregistry.gov.uk/

tomg35

Thanks I found that bit, but that's only an alert service. The form prevents a charge or mortgage. However it's not clear which form it is

canaldumidi

tomg35 said:

...
The second is filling in a form preventing Land Registry registering a sale or mortgage on their property without consent and if the applicant doesn't live at the property there's no fee...

Not sure.

https://www.gov.uk/government/publications/restriction-by-owner-not-living-at-property-request-registration-rq   ?

Insert the words "Land Registry" into your thread title and the LR Rep will more likely respond.

Land_Registry

The alert service and ensuring your contact details on the register are up to date are the steps we recommend to take if you live at the property. 

https://www.gov.uk/protect-land-property-from-fraud

The guidance also refers to a third option which is to apply to register a form LL restriction. An application is made using Form RX1 and if you live at the property a fee of £40 is payable. 

Option 3 is very much aimed at those who are or feel particularly vulnerable to property fraud. For example if you’ve had your identity stolen/cloned or you own properties which are vacant/let/you don’t live at it/them. 

Nothing to prevent you applying though using the Form RX1
https://www.gov.uk/government/publications/enter-a-restriction-registration-rx1

Land_Registry

The wording for a form LL restriction is provided in our PG 19 appendix B 
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#appendix-b-standard-form-restrictions

tomg35

Thank you, it's a joint ownership property and I don't live at the property, I'm looking to prevent the other joint owner taking action detrimental action that may affect my interest.
What supporting documents, if any, do I need to submit?

Hibiscus79

I appreciate the last posts were a couple of months ago but I did not find the response helpful.


Land Registry:

My situation:  I am the proprietor of my property and I wish to set up a Restriction on this address so that nobody can raise a mortgage or sell the property without myself or my solicitors being alerted/present/consulted.  I already have a Property Alert set up on my address.  However I am stuck completing Sections 5 & 6.

Section 5 asks for 'Documents lodged with this form...' yet does not state what documents you require.  Please can you let me know what you require & are certified copies acceptable?  If so, who can certify them? With the current backlog with the civil service (a recent driver's licence renewal took over 6 months to be delivered and arrived with a typo) I do not wish to send originals in the post. I cannot afford for them to be lost or held onto for 6 months plus.

Section 9 asks for the 'wording of the restriction required'.  What wording do you require?  Please can you let me know the wording you are looking for?  I have found only 3 examples online and all differ.  I need to get it right if as it seems it needs to be legal terminology.  Looking at 'Practice Guide Appendix B' (link below). I cannot find which section relates to me and the examples given are not clear.  Please can you copy and paste here which example I should use?

Thank you.

Practice Guide - not helpful!
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#form-a 

Hibiscus79

Continued from above:

I managed to get through to the Land Registry after 45 minutes on 03000060411.

Here was their response incase it helps others:

Section 5:
No documentation is needed in this case.  They would only be needed if it were solicitors and not yourself applying for the restriction or if there were deeds relating to the property etc.  I.e. only if the case were more complex & it was not you, the owner, applying.


Section 9: 
Put 'LL' in the gap after 'The applicant applies to enter a restriction (in standard form enter here: LL) against the estate/charge referred to in panel 3 in the following words.

Then write in the box:

"No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor."

This is taken from the link below.

Please note, the above only relates to you if your situation is the same as mine.  I.e. you are the owner of your property, you have already set up a Property Alert (link also below) but wish to take a further step to protect your property.  The service will cost you £40.  Then you write a cheque made out to 'Land Registry' & send with the completed form to:

HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB


In this age of fraud in this area I think it's a wise additional layer of protection above the free 'Property Alert' which might help to protect your property.


Links & further information:

RX1 form

https://www.gov.uk/government/publications/enter-a-restriction-registration-rx1


Practice Guide 19 - notices, restrictions and the protection of third-party interests in the register.

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register#form-ll 

7.37 Form LL (Restriction as to evidence of execution)

No disposition of the

{choose whichever bulleted clause is appropriate}

• registered estate by the proprietor of the registered estate
• registered charge dated {date} referred to above by the proprietor of that registered charge

is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

How to set up a Property Alert with the Land Registry:

https://propertyalert.landregistry.gov.uk

If also of help:

Section 6: Make sure the name matches the name on your Lease (regarding middle names etc).

Section 7: Leave 'Reference' blank (for solicitors etc)

Section 8  (If your situation is the same as mine put a cross in 'A' - Applicant is the registered proprietor' and leave sections 12 & 13 blank. 

user1977

Hibiscus79 said:

No disposition of the

• registered estate by the proprietor of the registered estate
• registered charge dated {date} referred to above by the proprietor of that registered charge

is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponor is the same person as the proprietor.

Be aware that this can cause problems, as many conveyancers are reluctant to sign such a declaration (they may have seen ID to prove that you are called Hibiscus79, but how do they know you're the same person as Hibiscus79 the registered owner of the property?). See various previous threads here.

Kbvict

Am in same position as Tomg35.  Do I put n/a in section 5? Do I then sign sections 10 and 11 and then send off with cheque as per advice of Hibiscus 79?

Thanks

Kbvict