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URGENT selling with restrictions on property

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    honeybee139 wrote: »
    We exchanged contracts on all chains yesterday.
    Today we’ve found out there is a Land Registry restriction on the property

    Has anyone experienced this? Now that we’ve exchanged what is the risk or what can we do to legally support our buyers if removing this restriction takes more than 5 days?
    Honestly? I think you're in rather deep and hot water.

    You simply can't transfer the ownership. within the timescale. It is not going to happen. I'm astonished the solicitors got as far as exchanging without either of them picking this up, and you may well have a case against your solicitor for professional negligence.

    Your mother transferred ownership to UWP - she no longer owned it. UWP did, ostensibly under a trust - and that trust's trustees need to sign now. Except the whole point of the prison sentence for contempt was that he refused to release information on how/where the ownership of the assets was held.

    Basically, UWP was a scam, sold as a way of defrauding HMRC of inheritance tax and defrauding the local authority into paying her care costs.

    AnotherJoe's link explains it all and your next steps.
  • babyblade41
    babyblade41 Posts: 3,933 Forumite
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    I really can't add any more advice but please get a specialist solicitor now before going any further..ie today .

    There could be a whole lot of law suits coming in the not too distant future so you need the best you can afford ASAP
  • todayisagreatday
    todayisagreatday Posts: 260 Forumite
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    Any news op?
  • babyblade41
    babyblade41 Posts: 3,933 Forumite
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    It really helps with an update to assist others with a similar problem
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    This isn't going to be quick :(

    Expecting an update now is premature.
    It will take some time just to identify a solicitor, meet with them and brief them.
    Though in the meantime it would be interesting to see what their solictors have to say for themselves.
  • Mutton_Geoff
    Mutton_Geoff Posts: 3,819 Forumite
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    You can check how deeply the issue was hidden by downloading your own copy of the title for £3 (use official gov website, not one of the many rip offs).


    If UWP are mentioned on the main deed, then both yours and the purchasers solicitors would be liable for sorting this out since it should have been spotted on day 1, not after exchange!


    You hire conveyancers to advise you properly during the process. It seems you have been let down, but don't worry too much, bounce the problem back to where it belongs and ask them what you should do next.


    https://www.gov.uk/get-information-about-property-and-land/search-the-register
    Signature on holiday for two weeks
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