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Land Registry

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Land Registry

Post by Jinxer on Mon Sep 11, 2017 11:14 pm

About 15 years ago an ex partner who split up with me managed to get a Solicitor to place a Form A Restriction on my property. After trying to extort money out of me which I point blank refused to pay and told them to take me to Court, they just stopped contacting me after that. As I say this was 15 years ago but I still have this restriction registered on my property, which I want to get off. This is how it reads
“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.”
Anyone got any idea on how I can get this off. I have never seen my ex since splitting up and have no idea where they are n.
The act that was mentioned in the letters I had was Trusts of Land and Appointment of Trustees Act 1996
The property is registered in my sole name and we were never married.

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Re: Land Registry

Post by Tiggy on Mon Sep 11, 2017 11:23 pm

Jinxer wrote:About 15 years ago an ex partner who split up with me managed to get a Solicitor to place a Form A Restriction on my property. After trying to extort money out of me which I point blank refused to pay and told them to take me to Court, they just stopped contacting me after that. As I say this was 15 years ago but I still have this restriction registered on my property, which I want to get off. This is how it reads
“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.”
Anyone got any idea on how I can get this off. I have never seen my ex since splitting up and have no idea where they are n.
The act that was mentioned in the letters I had was Trusts of Land and Appointment of Trustees Act 1996
The property is registered in my sole name and we were never married.

I think you would have to make some form of application through the Courts to get it removed, possibly the High Court, Chancery Division, it looks as though they've got a tenancy in common.

https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land   Look at Section 2

You might need to contact a Solicitor for advise, you can usually get an hour free from a local Solicitor.

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Re: Land Registry

Post by Jinxer on Mon Sep 11, 2017 11:49 pm

At the time I think it was quite a new concept and the Solicitor I used just wanted to keep trying to negotiate with the other side. The solicitor I was using even sent me a letter once to wish me a happy Christmas and that they just got back from annual leave and that they were going to do some research on my case which I got charged 320 quid for. I think I paid out about 4 grand and was getting nowhere hence me saying to the Solicitor to send them a last letter saying to take me to court. After that I heard no more from them.
I tried to sort it on my own then about 10 years ago which can be done with a statement of truth but the Land Registry was asking for more things which is where I got mixed up and then gave up. The guy at the land registry was trying to tell me how to do it in the letters I got back from them but weren't allowed to give me legal advise only advise on there procedure.
So there is a way it was just I couldn't understand what he was trying to tell me.
I was also told by someone else that as it has gone past 12 years with no contact I could use adverse possession rules but I ain't got a clue about how to do that.
The answers are somewhere in their practice guides but I don't know which guide it is.

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Re: Land Registry

Post by Jinxer on Mon Sep 11, 2017 11:53 pm

I just noticed the link tiggy you put for the practice guide thank you gonna try and read it now.

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Re: Land Registry

Post by Tiggy on Tue Sep 12, 2017 9:10 am

If it's a type A restriction then refer to Section 6.2 on how to cancel it.

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Re: Land Registry

Post by Jinxer on Sat Sep 23, 2017 2:43 am

I'm going to look into putting it into a family trust with my son being the beneficiary if anything happens to me. I have a bank account that is a trust account that I paid a Solicitor to write the trust document, which was just a template from off somewhere and she filled the blanks in. Anyone know of a template for a family trust document to use for land registry.

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