Restriction in propriety register jointly owned property

[olgaand]

Hello

 

Many thanks for reading this- kindly appreciated.

 

I jointly own a property with my ex-husband.

 

We had a NRAM together mortgage with the unsecured loan,

I went into IVA once we split up and he is now solely responsible for the remainder of the unsecured debt.

 

 

As he ignored paying towards this debt (any debts really!)

NRAM took him to Court and the following restriction has been entered in the proprietorship register

in the Land Registry document:

 

"No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his

conveyancer that written notice of the disposition was given to NRAM being the person with the benefit of interim charging order on the beneficial interest of Mr... (my ex-husband) made by the [name of court] on [date] [Court

reference…]."

 

I put the property on the market after being assured by my conveyancer that the restriction can be easily removed.

Close to the exchange of contracts my solicitor suggested that she can't give undertaking to my buyer that the restriction will be removed as NRAM are not willing to remove the charge

- please see the correspondence received from NRAM attached.

 

 

The deal fell through partly because of this and partly because my ex stopped corresponding and signing paperwork.

He is not corresponding with NRAM either.

I will have to go back to Court to ask the Court to sign property sale documents on my ex's behalf I gather...

 

My question is whether I can sell the property?

How can this restriction be removed?

Is there any recommendations for the conveyancing solicitors who are experts in this matter and are prepared to give the undertaking so I can sell and move on with my life?

Or is there any other solution to this please?

 

I would so much appreciate some help with this please.

 

Thank you.

NRAM letter.pdf

[bwfs2003]

http://forums.moneysavingexpert.com/showthread.php?t=1839539

[BazzaS]

Hello

 

Many thanks for reading this- kindly appreciated.

 

I jointly own a property with my ex-husband.

 

We had a NRAM together mortgage with the unsecured loan, I went into IVA once we split up and he is now solely responsible for the remainder of the unsecured debt. As he ignored paying towards this debt (any debts really!) NRAM took him to Court and the following restriction has been entered in the proprietorship register in the Land Registry document:

 

"No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his

conveyancer that written notice of the disposition was given to NRAM being the person with the benefit of interim charging order on the beneficial interest of Mr... (my ex-husband) made by the [name of court] on [date] [Court

reference…]."

 

I put the property on the market after being assured by my conveyancer that the restriction can be easily removed. Close to the exchange of contracts my solicitor suggested that she can't give undertaking to my buyer that the restriction will be removed as NRAM are not willing to remove the charge- please see the correspondence received from NRAM attached. The deal fell through partly because of this and partly because my ex stopped corresponding and signing paperwork. He is not corresponding with NRAM either. I will have to go back to Court to ask the Court to sign property sale documents on my ex's behalf I gather...

 

My question is whether I can sell the property? How can this restriction be removed? Is there any recommendations for the conveyancing solicitors who are experts in this matter and are prepared to give the undertaking so I can sell and move on with my life? Or is there any other solution to this please?

 

I would so much appreciate some help with this please.

 

Thank you.

 

If the proceeds of sale are sufficient to discharge BOTH charges : no reason for your solicitor to not agree to give the undertaking to pay off both charges. They won't want to give the actual undertaking until completion as otherwise they are committing to pay it off when the sale could still fall through ........

 

Otherwise : a bridging loan?. Hazardous if the sale then fell through and you couldn't pay it off, so take full independent advice before pursuing that.

[dx100uk]

I suggest you read that pointed link in post 2

 

 

if your brief is cutehe should know you don't have to tell anyone or settle it if you sell...

[olgaand]

I suggest you read that pointed link in post 2

 

 

if your brief is cutehe should know you don't have to tell anyone or settle it if you sell...

 

I hope this is the case..

 

Thank you.

[olgaand]

I suggest you read that pointed link in post 2

 

 

if your brief is cutehe should know you don't have to tell anyone or settle it if you sell...

 

Thank you for the advice.

 

My solicitor could not give undertaking because NRAM stated that they were not going to remove the charge as per my letter attached.

 

 

I think they deliberately trying to confuse conveyancing solicitor

- they are not stating that they won't remove the restriction against my ex's interest in the property.

Surely my human rights are affected if I can't move because of my ex's debt?

 

As my ex is not signing any documents any more

I need to go to Court to force the sale

but Court can't make the decision with regards to where my ex's share of profit goes

so it will need to sit with the solicitor until he responds I gather.

 

 

. So the debt relevant to the restriction cannot be paid off with his share as he needs to agree to this.

 

Can anyone advise which conveyancing solicitor is likely to understand the issue please?

[AndyOrch]

What is a Restriction?

 

A restriction is an entry made in the Proprietorship register of the title to freehold property, which restricts what dispositions (sales, mortgages, gifts etc) can be registered against the title. It is registered using form RX1 and removed with form RX4. A restriction can be used to protect any number of interests, and there are many standard forms. The full list can be found in Land Registry Practice Guide 19 at section 10.

 

https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

[Ganymede]

Thank you for the advice.

 

My solicitor could not give undertaking because NRAM stated that they were not going to remove the charge as per my letter attached.

 

 

I think they deliberately trying to confuse conveyancing solicitor

- they are not stating that they won't remove the restriction against my ex's interest in the property.

Surely my human rights are affected if I can't move because of my ex's debt?

 

As my ex is not signing any documents any more

I need to go to Court to force the sale

but Court can't make the decision with regards to where my ex's share of profit goes

so it will need to sit with the solicitor until he responds I gather.

 

 

. So the debt relevant to the restriction cannot be paid off with his share as he needs to agree to this.

 

Can anyone advise which conveyancing solicitor is likely to understand the issue please?

 

If the buyer is asking for an undertaking that the Restriction will be discharged upon completion is it not something most solicitors will agree to.

 

An undertaking is a very serious matter for a solicitor in the legal world and not to be agreed to lightly.

 

If the buyer won't agree unless an undertaking is given then you may in stuck between a rock and a hard place.