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Aug, 2014

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  1. #1
    Join Date
    Jul 2010
    Location
    sheffield south yorkshire
    Posts
    15

    Default restrictions land regisrty

    Hi, I would really welcome any advise regarding restrictions on land registry.
    In 1999 my Father and I went to a solicitor regarding his house, my fathers wife was in a care home at the time and he lived in the house alone, the house was in joint names with his wife, my father wanted to give his half of the house to me and at that time had power of atourney for his wife.The solicitor suggested splitting the ownership to tenants in common this enabled him to give his half away to me and leave his wife owning the other half,the solicitor drew up an agreement. The solicitor stated that in event of his wife dying a valuation should be obtained and kept then in the future when my father died the half of the house that belonged to his wife should be split equally between her 3 children however only the valuation at time of death, hope this makes sense, several other things were set up in this agreement ie I could not charge my father rent, he could not hold me responsible for repairs and utility bills, he could sell the house but the new house would then still be in joint names.I never had a copy of this agreement and the solicitors do not have one either as they destroy these kind of documents after 7 yrs.My fathers wife died in 2003 and until September 2012 the house was still registered in mine and his wifes name.My relationship with my father broke down after his wife died as he met a woman and he contacted me to say he wanted to sign the house back to him as he wanted the money from it to go on holidays etc and then live in this womans house he then presented me with a new will that left his share of the house to her and also all his possesions,I did not trust this lady and to protect my father refused to sign the property back to him, his name was not on the title deeds just mine and his dead wifes.I have now got the propery in my sole name however there are restrictions which state
    ..No disposition by a sole proprietor(not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the court.
    Can anyone out there tell me what this means ? I know it has something to do with what my father did with the solicitor because the date of the restriction is 1999.I apologise for the lengthy entry I just wanted to give background information.

  2. #2
    Join Date
    Aug 2008
    Posts
    3,378

    Default

    Ask Land Registry records to supply copy of the restriction document and take it to a local solicitor for explanation

  3. #3
    Join Date
    Dec 2012
    Location
    Head Office, Croydon
    Posts
    62

    Default

    Take a look at our online Public Guide 18 at http://www.landregistry.gov.uk/publi...ublic-guide-18
    The restriciton is known as a form A restriction and the guide explains it's impact from a registration perspective.
    The restriction can be registered for a number of reasons, one of which would be the circumstanecs as described in your post, so as Gordon999 states understanding the circumstanecs behind it's registration is important as well as seeking legal advice

  4. #4
    Join Date
    Jun 2007
    Posts
    283

    Default

    Definitely go and see a solicitor. The land registry have good guides on this type of situation. Once you know what the reason for the restriction is you can arrange for its removal. The only issue you will have is any rights of third parties. From what I can see the third party rights will be he children (or other beneficiaries) of the deceased wife.
    Hope that helps.

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