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Land Registry - Restriction on title deeds removal
dottiec
Posts: 56 Forumite
In 2015 I borrowed £20,000 from my brother to enable me to self build my house. This was by way of a promissory note which is shown as a restriction on my title deeds. My brother has agreed to my requesting to remove this restriction (he now owes me money). Am I able to do this myself and what information shall I need to provide to Land Registry. There appears to be two restrictions on said title deed as follows and I don't understand the first one - can anyone confirm that this does not refer to the loan (perhaps it refers to us having to build the new access road within a set time).
This is from the official copy of register.
1 No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any charge, not being a charge registered before the entry of this charge, is to be registered without a certificate signed by a conveyancer that the provision of clause 12.7.15 of the transfer dated ....... made between (1) Mr M . (my brother) (2) Mr J (myself) have been complied with or that they do not apply to the disposition.
2 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 written consent signed by Mr M (my brother) or their conveyancer.
NB - The Clause 12.7.15 referred to in No 1 reads on the TPI as follows:
Not to dispose of the property or any part of it unless the Transferee shall procure that the Transferee's disponee at their own expense enter into a positive Deed of Covenant with the owner or owners for the time being of the remainder of the estate to observe and perform the obligations on the part of the Transferee contained in this transfer including the provisions of this covenant.
Sorry this is so long but all the info needed to understand the question. I hope someone from the Land Registry is able to help.
This is from the official copy of register.
1 No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any charge, not being a charge registered before the entry of this charge, is to be registered without a certificate signed by a conveyancer that the provision of clause 12.7.15 of the transfer dated ....... made between (1) Mr M . (my brother) (2) Mr J (myself) have been complied with or that they do not apply to the disposition.
2 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 written consent signed by Mr M (my brother) or their conveyancer.
NB - The Clause 12.7.15 referred to in No 1 reads on the TPI as follows:
Not to dispose of the property or any part of it unless the Transferee shall procure that the Transferee's disponee at their own expense enter into a positive Deed of Covenant with the owner or owners for the time being of the remainder of the estate to observe and perform the obligations on the part of the Transferee contained in this transfer including the provisions of this covenant.
Sorry this is so long but all the info needed to understand the question. I hope someone from the Land Registry is able to help.
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Comments
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Probably best to put it in the Land Registry thread, don't think they will read this here.0
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It's probably easier for your brother to make the application.
LR Rep does tend to read threads with 'Land Registry' in the title.woodpeckerx said:Probably best to put it in the Land Registry thread, don't think they will read this here.0 -
Thank you for your responses. Where do I find the Land Registry thread. I put it into search and was directed to this forum but I can't find anything specific for LR. Can you direct me please.0
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