Property Title Deed Restriction!
Discussion
As title, last week i purchased/downloaded a copy of the title deed for my house and discovered a restriction on it which I am at a loss as to what it is for.
It reads.....
10.08.16 RESTRICTION: No disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by an order of the court.
I'm guessing 10.08.16 is the date the restriction was added to the title, anyone shed any light on what it could be?
I have no idea which court I would even need to contact to get any information.
I am the sole owner of the property so am at a loss
It reads.....
10.08.16 RESTRICTION: No disposition by a sole proprietor of the registered estate under which capital money arises is to be registered unless authorised by an order of the court.
I'm guessing 10.08.16 is the date the restriction was added to the title, anyone shed any light on what it could be?
I have no idea which court I would even need to contact to get any information.
I am the sole owner of the property so am at a loss
Edited by Saleen836 on Monday 19th October 20:28
IJWS15 said:
Did you buy after that date and if so what did your solicitor (conveyancer) say about it.
If you bought before then I would find out how it was imposed and see if they have the right property.
Assuming you know knothing about any legal actions . . . .
What does it actually mean ? If you bought before then I would find out how it was imposed and see if they have the right property.
Assuming you know knothing about any legal actions . . . .
IJWS15 said:
Did you buy after that date and if so what did your solicitor (conveyancer) say about it.
If you bought before then I would find out how it was imposed and see if they have the right property.
Assuming you know knothing about any legal actions . . . .
I bought the house almost 20 years ago, as I said, I have no idea how to even or where to start to fing out how or why it was imposedIf you bought before then I would find out how it was imposed and see if they have the right property.
Assuming you know knothing about any legal actions . . . .
That looks like a Form A/B restriction or something like that and that's fairly standard wording by the way and I think it's related to how the property is held i.e: whether it's as joint tenants or tenants in common (if more than 1 person owns the house). I'm sure there are others more knowledgeable than me on this topic who can offer a better explanation.
Also bear in mind the deeds might be incorrect for example if the tenancy was changed at some point but wasn't updated on the deeds or if you purchased the property with a partner or anyone else for example..no idea but just some possible ideas...worse case scenario someone has tried to make changes to the deeds fraudulently?( Rare but does happen I hear).
I had to help my parents with an update on their house deeds and no idea how you go about doing it 'DIY' so I went through a solicitor to save me the hassle.
Also bear in mind the deeds might be incorrect for example if the tenancy was changed at some point but wasn't updated on the deeds or if you purchased the property with a partner or anyone else for example..no idea but just some possible ideas...worse case scenario someone has tried to make changes to the deeds fraudulently?( Rare but does happen I hear).
I had to help my parents with an update on their house deeds and no idea how you go about doing it 'DIY' so I went through a solicitor to save me the hassle.
Edited by VR99 on Monday 19th October 20:03
Edited by VR99 on Monday 19th October 20:05
VR99 said:
That looks like a Form A/B restriction or something like that and that's fairly standard wording by the way and I think it's related to how the property is held i.e: whether it's as joint tenants or tenants in common (if more than 1 person owns the house). I'm sure there are others more knowledgeable than me on this topic who can offer a better explanation.
Also bear in mind the deeds might be incorrect for example if the tenancy was changed at some point but wasn't updated on the deeds or if you purchased the property with a partner or anyone else for example..no idea but just some possible ideas...worse case scenario someone has tried to make changes to the deeds fraudulently?( Rare but does happen I hear).
I had to help my parents with an update on their house deeds and no idea how you go about doing it 'DIY' so I went through a solicitor to save me the hassle.
I had a google when I first downloaded the deed and stuff about tenants in common/joint tenants came up, but I bought the house on my own and no ne else has ever been on the mortgage, Also bear in mind the deeds might be incorrect for example if the tenancy was changed at some point but wasn't updated on the deeds or if you purchased the property with a partner or anyone else for example..no idea but just some possible ideas...worse case scenario someone has tried to make changes to the deeds fraudulently?( Rare but does happen I hear).
I had to help my parents with an update on their house deeds and no idea how you go about doing it 'DIY' so I went through a solicitor to save me the hassle.
Edited by VR99 on Monday 19th October 20:03
Edited by VR99 on Monday 19th October 20:05
Lord.Vader said:
Joint remortgage around that time?
Always been a single (myself) mortgage.Would it be worthwhile contacting the land registry and asking for more information on whoput in the application to have the restriction put in place? I have never received any paperwork from them informing me a restriction was beng applied for,
Saleen836 said:
...
Would it be worthwhile contacting the land registry and asking for more information on who put in the application to have the restriction put in place? ...
1. Yes. 2. You might have a statutory claim against the person who applied for the restriction. 3. Property rights are usually valuable. This is a car forum. You can guess the next bit.Would it be worthwhile contacting the land registry and asking for more information on who put in the application to have the restriction put in place? ...
Did you get divorced in 2016? These restrictions are sometimes put on the title to stop one party from selling without the other's knowledge. Otherwise it's usually put on there when the property is re-financed (same principle as divorce - stops you from selling the property without another, interested, party from being told.
You may perhaps misunderstand what a mortgage is. A party that has a leasehold or freehold interest may mortgage that interest. A mortgage is a method of securing a loan by a charge on the property. The borrower still has legal title to the property, but the lender obtains a security interest that may enable it to take the property in the event of default on the loan
Thanks for the replies,to answer the questions...
I will get in touch with the Land Registry and see if I can get more information from them.
Lord.Vader said:
Nothing on there in terms of who the charge is in favour of?
You haven’t had a CCJ or small claims against you that is currently unsatisfied?
Secured credit?
Follow BV’s advice!
I see this quite often with part of my work, you get all sorts ...
No nothing.You haven’t had a CCJ or small claims against you that is currently unsatisfied?
Secured credit?
Follow BV’s advice!
I see this quite often with part of my work, you get all sorts ...
Oi_Oi_Savaloy said:
Did you get divorced in 2016? These restrictions are sometimes put on the title to stop one party from selling without the other's knowledge. Otherwise it's usually put on there when the property is re-financed (same principle as divorce - stops you from selling the property without another, interested, party from being told.
Never been married and as I posted earlier,the mortgage has only ever been in my name.megaphone said:
Do 'you' own the property or is it mortgaged?
Mortgaged.blueg33 said:
Not the usual wording, but I think its the legal charge put in place by the mortgagee
There is a restriction already in place (dated 23/02/2004) in favour of the mortgage company.I will get in touch with the Land Registry and see if I can get more information from them.
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