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ChatterBank1 min ago
property restriction
if someone tries to lodge a restriction on your property which is registered in your sole name, can the registered proprietor be able to find a helpful friend to add as a joint legal owner. Would the transfer into their joint names not be stopped by the form A restriction (as no capital monies arise). So with there now being two registered proprietors, a sale or re-mortgage would not now be stopped by the form A restriction, and any interest under a constructive trust etc would be 'overreached'.
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Did you find this here...
http://www.coramchambers.co.uk/MH_Paper.htm
Is it definitely a Form A, I have to admit, I'd go for a Form N to stop this happening.
Why have they gone for a Form A as usually it's for tenants in common to protect both their interests.
It is involved in matrimonial or separation proceedings, ie a former partner not on the register wanted to get their share of equity if sold?
If you're trying to avoid someone getting their share then the court may take a dim view depending on the circumstances especially if the court has been involved to date.
I'm guessing you're looking at adding someone to the register so you can sell without a court order but this is not what the restriction is usually for from what I can see.
More details on the wording of restrictions here...
http://www1.landregistry.gov.uk/assets/library /documents/lrpg019.pdf
http://www.coramchambers.co.uk/MH_Paper.htm
Is it definitely a Form A, I have to admit, I'd go for a Form N to stop this happening.
Why have they gone for a Form A as usually it's for tenants in common to protect both their interests.
It is involved in matrimonial or separation proceedings, ie a former partner not on the register wanted to get their share of equity if sold?
If you're trying to avoid someone getting their share then the court may take a dim view depending on the circumstances especially if the court has been involved to date.
I'm guessing you're looking at adding someone to the register so you can sell without a court order but this is not what the restriction is usually for from what I can see.
More details on the wording of restrictions here...
http://www1.landregistry.gov.uk/assets/library /documents/lrpg019.pdf
Hi Jenna thanks for your reply, yes it is form A and it is an ex partner who is not on the register as he actually transfered the property which was registered in his sole name) to me on the condition I redeemed him of his mortgage, which I did. I then took on a new mortgage in my name and became the sole registered propriotor. He is now, trying to register a unilateral notice and a form A. He is trying to either have he transfer set aside or claim a beneficial interest. When it was transfered into my name on completion his mortgage was discharged and he received a payment of �x which is a fgure we verbally agreed on. He started these land reg proceedings nearly a year after the transfer completed. I did find it on coronchambers site. I am just waiting a land reg tribunal decision to see if he has succeeded or not.
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