Land Registry restriction – No disposition by a sole proprietor?

Reply to the comment left by "David Geddes" at "24/10/2016 - 07:32":

"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."

The above restriction appears when 2 or more people purchase a property and choose to hold it as Tenants in Common , rather than as Joint Tenants. It should also be registered (though the proprietors will need to apply to the Land Registry) if a Joint Tenancy is severed. Its purpose is to ensure that, on the death of one proprietor, the property cannot be sold by one survivor on his own. Instead, either the personal representatives of the deceased must join in the sale, or else the survivor must appoint a trustee. The appointment is usually made in the transfer deed with the following wording in box 12 "So that the Transferor can give a good receipt for the purchase price Jane Doe in exercise of her statutory powers appoints John Doe to be a trustee of the Property together with Jane Doe". The appointment of a trustee overreaches the other proprietor's interest in the legal title (he does not have to be deceased) however the trustee is then equally responsible with the seller for ensuring that the other proprietor (or his estate) receives whatever portion of the equity that is due to him".

Hope this helps.

I have the same problem as Marie, myself and my partner have that "sole proprietor" restriction on our property and it's now causing us an issue as we are trying to release equity on our house. Three years ago when getting our wills made up at a local Solicitor, we paid for the person in Question who was the sole proprietor, to be taken off the deeds, he was present with us at the time and signed what he was required to sign. But just recently we were told by the law firm that work for the Equity Company that we are using, that because of the restriction, they cannot take things any further at the mo. Its on the Land Regristry We have contacted our Solicitor who dealt with our case three years ago, and they said they are looking into. We didn't think they'd be any problems like this. Please, please, please, is there any way whatsoever around this problem !! We really, really want this Equity thingy to go through !

This is not very clear to me, did you buy the house from a sole proprietor? If so, then it's the party who owned the other part whose interest is being protected and maybe it's they who should have signed the deeds? Can you summarise the sequence of events?

No, what happened was, my partner went into buying our house with her Nephew 2 years before l met her and moved in with her. He moved out then. She put a chunk of money down for the house and he started paying the Mortgage. I took over paying the Mortgage and it was paid up 3 years ago too

Maybe you just need to get the nephew involved in the transfer associated with the refinancing? Hopefully they still get on?

Yeah maybe. Oh yes, my partner and her Nephew are fine with each other.

Reply to the comment left by Les at 13/06/2018 - 09:30
Good then the deed can be changed at the same time and it shouldn't be a problem in the future e.g. if you later decide to sell