Not sure what it's called but it means I can't sell it without her agreement.
From memory it is lodged with the Land Registry? Unfortunately it was an e-mail and I can't put my hands on it right now.
What are the two types?
I think, looking through the guide, that this is the restriction that applied:
Where the applicant does not have the cooperation of the relevant proprietor, they may only apply for a restriction if they can satisfy us that they have a sufficient interest in the making of the entry.
R.93, LRR 2003 contains a list of standard situations where a class of person will be regarded as having a sufficient interest in the making of an entry. In most cases, the rule identifies which of the standard form restrictions will be appropriate to each situation covered.
The applicant must give details of the nature of their interest and how that interest arose. We will require evidence to show sufficient interest in support of an application.
This evidence must be a statement by the applicant in panel 12 of form RX1 or conveyancer’s certificate in panel 13. If the interest arises from a document (for example, a court order) the statement or certificate should refer to that document and a certified copy should be enclosed and listed in panel 5. We can ask for additional evidence if necessary (r.92(4), LRR 2003).
Hope that helps?
It was obtained without my consent and prevents me from selling the property without her agreement and was I think called a "cap" on the property but might be wrong there.
Sorry I can't help more.
Nope. We never lived in the house. She is trying to claim it as relationship property arguing that it was paid with relationship funds but it was in fact funded through my RAF pension from before we were married.
This is the information from her lawyer:
We attach documents that show that a restriction has been lodged over the property in the UK that is in Mr Stanfords name. Our client has given sworn evidence that this property was principally paid for from relationship property. The restriction means that Mr Stanford will not be able to dispose of the property until either: - a settlement is reached in NZ that includes compensation for our client's interest in the UK property or, - failing that until proceedings are settled in the UK regarding her interest in the property.
B. Proprietorship register:
5/2/13: Restriction: 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
5/2/13 Restriction: more or less as above plus "without a certificate signed by the applicant for registration or their conveyance that written notice of the disposition was given to Denise Cherrie Stanford at care of RadcliffesLeBrasseur, Westminster, London ref: CSP/CAS/ 118294.01
Does any of that help??
From my RAF Pension
My RAF pension is from before we were married but received ever since in the UK.