Adding a restriction at Land Registry

HarrySybil

Hello all. I hope someone can help.

We wish to do a transfer of a property (my father's share to go to my brother, I already own a share).

We have completed the TR1 and AP1 form as well as all the ID1 forms. We just need the completing of the Land Registry RX1 form to add a restriction at Land Registry (giving my father a life interest in the property in which we live).

However, we cannot work out which restriction code to use.  I have emailed several solicitors but nobody seems interested/able to do it.

Just to note, we are not doing this to avoid tax or carehome fees. We are well aware that this transaction would not be successful for either of those scenarios.

Can anyone help?

Many thanks

theartfullodger

Get quotes from solicitors to get this done.  Unless whoever drafts the paperwork is trained & expert you could end up with a right mess... (e.g. Life interest even if moved to a care home for 8 years prior to.... ??????)

loubel

You need a Deed of Trust first and then you protect your father's interest from this with a Restriction on the Title. You need a solicitor to advise on  and set up the Trust. 

HarrySybil

Thank you everyone.  Yes, I will need get a Trust drawn up.  I was hoping it would be a simple restriction but its clear that this alone would not suffice.  I hope I can find a solicitor able to do it.

Land_Registry

Our PGs 19 and 24 maybe of some assistance - Land registration: Practice guides - GOV.UK (www.gov.uk)
19 deals with restrictions and some specific scenarios and 24 with private trusts. The most common form of 'trust' restriction is a standard form A restriction but it would be wrong to suggest that the two PGs cover everything you need here
As you already appreciate such trust arrangements and indeed transfer of the legal ownership can have wider implications so it's important to seek the right legal/financial advice to ensure that what you are doing is 'best' for all concerned and of course everyone understands what it means especially both now and in the future

HarrySybil

Thank you so much for that.  I thought that it would be Restriction NN as I was told that by a friend who is more knowledgeable than me in these matters.  But, I will tell him that it is more likely to be form A.

Land_Registry

HarrySybil said:

Thank you so much for that.  I thought that it would be Restriction NN as I was told that by a friend who is more knowledgeable than me in these matters.  But, I will tell him that it is more likely to be form A.

There are options but please do read the PGs and section 6.4 of PG 19 alongside PG 24 should help. But please do seek professional advice and from someone familiar with how such trusts can be set up and how they work. That's the crucial part and they should then be able to advise if and how to then protect it by way of a restriction on the land register as well

HarrySybil

Thanks for that.  We have had a change of mine.  We will add a restriction that will require my fathers permission before any sale of the property can take place.  Is this possible? Even though my father will no longer be named on the title deeds as a part owner.  Which code would we need to use?

Assuming this is correct.  Would this restriction be removed by way of application once my father has passed away.

Land_Registry

HarrySybil said:

Thanks for that.  We have had a change of mine.  We will add a restriction that will require my fathers permission before any sale of the property can take place.  Is this possible? Even though my father will no longer be named on the title deeds as a part owner.  Which code would we need to use?

Assuming this is correct.  Would this restriction be removed by way of application once my father has passed away.

It is possible and the guidance re restrictions and how to apply is provided in PG19. Form RX1 is used to apply and I would recommend you seek legal advice as to which form of restriction you should apply for. Form N may be one to consider as you have then referred to his demise
If the restrictioner were to pass away then his personal representatives as name din probate would probably be the ones to then apply to cancel it. The restriction doe snot just fall away/cancel following their death.

HarrySybil

Thank you.  I will ask for a Form N restriction

HarrySybil

Hi again, I have been looking at the guidance, and I just wanted to check with you, that this is the correct wording for Form N restriction:

The applicant applies to enter a restriction N in standard form

against the estate/charge referred to in panel 3 in the following words:

 

No disposition of the registered estate (other than a charge) 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

Do I need to say anything about what would happen after my fathers death?

Also, can you confirm that the fee is £40

Thank you so much for your help