Land Registry

by Jinxer 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.

by Tiggy 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.

by Jinxer 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.

by Jinxer 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.

by Tiggy 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.

by Jinxer 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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