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  • FIRST POST
    • badger09
    • By badger09 7th Mar 18, 8:34 AM
    • 5,944Posts
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    badger09
    Restriction in Land Registry Document
    • #1
    • 7th Mar 18, 8:34 AM
    Restriction in Land Registry Document 7th Mar 18 at 8:34 AM
    I am executor for my sister who died on Saturday.

    Land Registry Title Info Doc shows:
    Title absolute
    1) Proprietor: my sister of .....
    2) The price .........
    3) RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    By way of background, my sister & her late husband owned their matrimonial home as Tenants in Common. His will specified his share of the property to be held in trust for his 2 adult children, with my sister having a life interest.

    My brother in law died in 2012 and my sister bought a cheaper house in 2013, which is the subject of the title document & restriction mentioned above.

    I think the restriction is to protect the interests of my niece & nephew, but as my sister has died, it is no longer relevant.

    My sister's will leaves everything to them equally, so there are no complications there.

    Can anyone please confirm my interpretation or point me in the right direction.

    I'm a retired Inspector of Taxes, usually post on the Budgeting & Bank and Savings & Investment boards, but find my brain not functioning properly at the moment.
Page 1
  • Land Registry
    • #2
    • 7th Mar 18, 1:01 PM
    • #2
    • 7th Mar 18, 1:01 PM
    badger09 - your understanding is correct and the restriction, known as a form A, was most likely put in place to protect the trust/TIC aspects you refer to.

    The legal ownership, whcih we register will have passed to your sister when your BIL died. Now your sister has also died someone will need to obtain probate to deal with her estate and therefore the property.

    Our short guide takes you through what is required re the registered ownership.

    The form A restriction is still in play at this stage but can be cancelled on receipt of an appropriate application. I would suggest however dealing with the probate first asa what happens next depends on how the property is to be dealt with
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • badger09
    • By badger09 7th Mar 18, 1:30 PM
    • 5,944 Posts
    • 5,283 Thanks
    badger09
    • #3
    • 7th Mar 18, 1:30 PM
    • #3
    • 7th Mar 18, 1:30 PM
    Thank you so much.

    I'll read through your short guide and come back with any questions if I may.
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