Possible Form K restriction on property. Do I just need the title register?

[Johhny]

Hi,

Just a quick question people...

I've got my house on the market and suspect that there may be a form K restriction on it.

Do I just need to order a copy of the title register to find this out?

Many thanks.

[AndyOrch]

Yes the title deeds, having obtained the Official Copies of your title, further documents are referred to as copy filed, these will generally also be available at a cost of £3. The filed documents will often contain matters affecting the property including restrictive covenants.

 In addition to these filed documents, restrictive covenants may be referred to in the Charges Register of the Official Copies.

Andy

[Johhny]

Thanks very much Andy.

[Johhny]

So...

Just to be sure...

From the wording, is this a Form K restriction please?

 

RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate , or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by XXXXXXXXXXXXXXX.

 

I understand that a Form K restriction is NOT a charge and should just disappear when selling the property, as long as the conveyancer knows what they're doing?

[Ethel Street]

That's not a Form K because a Form K only requires the charge holder to be notified. The wording you quote requires the charge holder's consent. So a consent certificate would be required before you could sell.

It will be one of the other standard form restrictions. They are all listed on the link below. Form N possibly?

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#appendix-b

BTW Form K is a Charging Order even though it only requires notification but that's not what you've got here.

[dx100uk]

readme^^

if you are the sole owner of the property then no dice sadly its gotta be paid.

if there are joint owners ...it simple means that no-one else can register another one without the previous ones written consent.

still an Restriction k mind

all down to if you are the sole owner of the property on your deeds.

dx

 

[Johhny]

Thanks very much for the answers.

Yes, the wording really says it all.

Written consent (by a solicitor actually) has to be given for a sale to take place.

Thanks for pointing that out.

Oh, well.

I just hope the Solicitor involved, acts more professionally than they did when the original legal shenanigans were going on.

 

 

[dx100uk]

are you the sole owner of the property?
dx

 

[Johhny]

Joint, with wife.

[AndyOrch]

Do you know what the restriction applied is in connection to ? Type of debt ? Sole debt or joint ?

Quote

No disposition of the registered estate by the proprietor of the registered estate , or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent

This is a Form P restriction. This prevents a disposition without the consent of the 'chargee' (creditor) where there is a charge on the property (the property has been registered as security on a loan or mortgage). This will not apply if the mortgage is being repaid on completion of the transfer at hand - the restriction will be removed with the charge.

 

Andy

[Johhny]

Hi Andy and thanks for your input.

Nothing to do with debt as such.

Long story, but it was a messy family legal wrangle.

As part of a settlement, there's an agreement for money to go into a trust for our children, to be given to them on 30th birthday. (2029 and 2030).

This restriction is presumably intended to prevent us from selling up and doing a runner with our children's money... As if!

We'd rather hold onto the money until it's needed rather than put it into the hands of trustees, but if we've no choice, then so be it.

[AndyOrch]

Ah there you go hence the form P Restriction.

 

 

.

[dx100uk]

that sorted that out with one simple question...