My endless Quest again Northern Rock

[citizenB]

https://www.gov.uk/government/collections/land-registry-forms

 

You might find something on either the link above or even on the Land Registry Site

 

http://landregistrysupport.co.uk/?gclid=CK2Ou5WUgcECFQjItAodgBoAgA

 

http://www.justice.gov.uk/search?collection=moj-matrix-dev-web&form=simple&profile=_default&query=Unilateral+Notice

[citizenB]

http://forums.moneysavingexpert.com/showthread.php?t=609181

 

There is a discussion about one on the link above, from 2007 so not sure if the information is still relevant.

[Peterbard]

http://forums.moneysavingexpert.com/showthread.php?t=609181

 

There is a discussion about one on the link above, from 2007 so not sure if the information is still relevant.

 

If we are talking about restrictions, there is much case law over the last few years. It really depends on so many factors it would be impossible to advise without knowing details of the particular case.

[BRIGADIER2JCS]

http://forums.moneysavingexpert.com/showthread.php?t=609181

 

There is a discussion about one on the link above, from 2007 so not sure if the information is still relevant.

2 Appeal Court cases this year CB

[Gemma.]

2 Appeal Court cases this year CB

 

Could you tell me how to find the transcript/judgment etc please?

[citizenB]

If they were heard in the higher courts, you could try....

 

http://www.bailii.org/

 

If they were small court hearings then it might be harder to obtain as they don't usually publish those.

[emanevs]

i assume then these type of things are only there to protect a third party interest only?

[citizenB]

i assume then these type of things are only there to protect a third party interest only?

 

 

That is the way I understand it.

[BRIGADIER2JCS]

Could you tell me how to find the transcript/judgment etc please?

Just google Unilateral Notice there's a lot of data there including I think the two most recent Appeal Court Judgements.

[emanevs]

what is an undivided share under a trust of land? is it property or land that is owned by two people and not shared?

[honeybee13]

Hello emanevs. Is there any chance you could give us some context for these isolated questions please? It's a big ask for the forum advisers to guess what you're trying to achieve.

 

If you're worried about confidentiality, all you need to do is to leave out identifying details. I fear that without more information, as has been said already you won't get the most relevant advice.

 

HB

[BRIGADIER2JCS]

It is used in Inheritance Tax matters regarding the disposal of land by trustees of a will .

Google Inheritance Tax Practice Note 2. It is the Valuation Office publication.

[BazzaS]

what is an undivided share under a trust of land? is it property or land that is owned by two people and not shared?

 

Where land is in co-owned a "trust in land" automatically arises.

 

The "beneficial" ownership may be as joint tenants or as tenants in common.

The "legal ownership" (whilst there is more than one legal owner) is always as:

a) a joint tenancy, and

b) joint tenancy of that "trust over land"

 

Imagine a pie : if the pie is held as tenants in common by 4 people, the pie has been cut into quarters. Person A can sell (or eat!) their quarter without it affecting the other 3.

If the pie is held in "joint tenancy", we know that they could get a quarter each, but the pie hasn't been cut yet, it is still a whole pie (in undivided share).

 

This also has an effect upon death of a party.

Joint tenancy can't be "willed" to another : it runs by "survivorship".

 

If A+B+C own a property, and all are registered as having a legal interest: they are the three joint tenants holding the legal title.

If A+B+C own a property and the beneficial interest is held as tenants in common in equal share, and C dies, leaving their estate to D : the beneficial interest becomes held by A,B & D, each having a third.

 

The legal interest doesn't pass to D, as it runs by survivorship, so A+B are joint tenants of the legal interest (holding it on trust for the holders of the beneficial interest, A,B, and D).

 

Equally, if the beneficial interest was held in joint tenancy rather than tenants in common : D wouldn't get a share in the legal OR beneficial interest, due to it not being able to be willed, but passing by survivorship (where A+B) would hold the legal and beneficial interests as joint tenants.

[emanevs]

how do you protect against a unilateral notice or restriction?

[Conniff]

Hello emanevs. Is there any chance you could give us some context for these isolated questions please? It's a big ask for the forum advisers to guess what you're trying to achieve.

 

If you're worried about confidentiality, all you need to do is to leave out identifying details. I fear that without more information, as has been said already you won't get the most relevant advice.

 

HB

 

how do you protect against a unilateral notice or restriction?

 

 

Can you respond to the first quote please. As it stands, you are asking nothing about nothing. You have already been told that there are multiple meanings and sides to UN, so what one are you on about ?

[Gemma.]

The letter and form that the Land Registry send with the notification will tell you exactly what you can do and how. But they are time specific. Do nothing and the UN stays. I found a lot of help on the Land Registry own site in their guides and leaflets, or simple ring them and ask. They won't give any legal help but can tell you what form you need and so on

[emanevs]

ok I will. thanks for the help.

[steampowered]

They aren't estopped, within the legal meaning of the word. An estoppel would require a promise not to lodge the charge.

 

To be honest it is difficult to advise without knowing why they are trying to put a unilateral notice against your property. Do they think they are still owed money?

[Peterbard]

Yes restrictions in particular are a mine field, in some cases they are ineffective in others completely biding, it all depends on the background circumstances, as said in order to give real advice we need to know exactly what is happening.

 

AS IMS said what is happening is that there is now pages of what may be unrelated data.

[emanevs]

Does a sale (or exchange of contracts) take priority over a 0S1 priority search?

Edited September 28, 2014 by ims21

[bhall]

Does a sale (or exchange of contracts) take priority over a 0S1 priority search?

 

http://www.phewconveyancing.co.uk/articles/conveyancing-faq-answers-for-your-conveyancing-questions#20

 

20. What is Priority Search (OS1)?

 

A priority search is carried out by a solicitor with the Land Registry against the title number revealed in the OCE. This gives a 30 day priority to register client’s interest before any other third party can. This is crucial because between completion of a house purchase and registration of the house purchase there is always a delay and there is a chance that if a priority search is not carried out before completion a third party may register an adverse entry (such as a charge) before the property is registered by the solicitor. A priority search will also reveal if anyone has already registered any adverse entries before the day of completion.

[emanevs]

If a mortgage offer with full details of the loan, conditions etc is dated BEFORE the 31st October 2004, but the mortgage deed is after, what is it?

 

"The effect of the Regulated Activities Order is that mortgage contracts which are varied can fall into one of the following categories:

(1) a contract that was entered into before 31 October 2004, and that is subsequently varied on or after that date so that is satisfies the conditions set out in PERG 4.4.1 G (1) to PERG 4.4.1 G (3), will not be a regulated mortgage contract (because it was not a regulated mortgage contract at the time it was entered into);"

 

I found the above, but am guessing that its not a regulated mortgage contract?

[bhall]

If a mortgage offer with full details of the loan, conditions etc is dated BEFORE the 31st October 2004, but the mortgage deed is after, what is it?

 

"The effect of the Regulated Activities Order is that mortgage contracts which are varied can fall into one of the following categories:

(1) a contract that was entered into before 31 October 2004, and that is subsequently varied on or after that date so that is satisfies the conditions set out in PERG 4.4.1 G (1) to PERG 4.4.1 G (3), will not be a regulated mortgage contract (because it was not a regulated mortgage contract at the time it was entered into);"

 

I found the above, but am guessing that its not a regulated mortgage contract?

 

Were the funds released before, on or after 31st October 2004 ?

[emanevs]

not sure, but the mortgage offer (contract) was dated before 31st).

[emanevs]

is it a simple contract, with a limitation period of 6 years?