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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I have purchased a house about 6 years ago that my

Customer Question

I have purchased a house about 6 years ago that my exs' mother lives in and it has had to go into her name for 10 years before it can go into mine. It was a council house and I bought it to claim the discount. I'm worried that my exs' mother will try and damage me in someway by trying to give the house to her daughter. Below is what it says on the property register. Please have a look at it and see if I'm in any financial danger. Could my exs' mother damage me in the context of this issue? My name isXXXXX , My exs' mother is called 'XXXXXX XXXXX'. A: Property Register This register describes the land and estate comprised in the title. XXXXX XXXXX : XXXXXXXX 1 (11.07.2007) The Freehold land shown edged with red on the plan of the above title filed at the Registry and being xx xxxx xxxx xxxx, xxxxxxx,xxxxx (XXX XXX). 2 (11.07.2007) The Transfer dated 11 June 2007 referred to in the Charges Register was made pursuant to Part V of the Housing Act 1985 and the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed and the easements and rights specified in paragraph 2 of Schedule 6 of the said Act. 3 (11.07.2007) The Transfer dated 11 June 2007 referred to above contains provisions as to light or air and boundary structures. B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (11.07.2007) PROPRIETOR: XXXXXX XXXXX XXXX of XX XXXX XXXXXX, (11.07.2007) The price stated to have been paid on 11 June 2007 was £XX,000. 3 (11.07.2007) RESTRICTION: No transfer or lease of the registered estate dated before 10 June 2017 by the proprietor of the registered estate or by the proprietor of any registered charge is to be completed by registration unless accompanied by (a) a certificate given by Rotherhan Borough Council that the transfer or lease complies with the requirements of section 156A of the Housing 1 of 2 B: Proprietorship Register continued Act 1985 or that the transfer or lease is an exempted disposal or is not a relevant disposal, or (b) a certificate given by the local housing authority for the area in which the property is situated that (i) XXXXXXX XXXXXXX Council is no longer in existence and (ii) the transfer or lease complies with the requirements of section 156A of the Housing Act 1985 or is either an exempted disposal or is not a relevant disposal. 4 (11.07.2007) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by XXXX XXXX XXX of XX XXXXXX XXXX XXXX . C: Charges Register This register contains any charges and other matters that affect the land. 1 (11.07.2007) A Transfer of the land in this title dated 11 June 2007 made between (1) XXXXXX XXXXXXX Council and (2) XXXXX XXXX XXXX contains restrictive covenants. NOTE: Copy filed. 2 (11.07.2007) Charge subsisting until 10 June 2012 having the priority specified in section 156 of the Housing Act 1985 to secure the liability under the covenant to repay discount contained in the Transfer dated 11 June 2007 referred to above. End of register Title number XXXXXXXX X

Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
So what you are saying is that in order to obtain the property at a discount, you pretended that your ex mother was purchasing it but the agreement was that you put up the money and claim to be the beneficial owner. That is of course a fraud on the local authority and she can certainly cause you a problem because in order to make her hand over title if she refuses you have to show that actually she did not purchase it in which case neither of you were entitled to the discount . The restriction will prevent a legal transfer as long as it is there but if challenged how are you going to justify the restriction ? Do you have any kind of contract that deals with all of this?
Customer: replied 3 years ago.

Yes, I do have a contract. It is entitled 'declaration of trust'.

Customer: replied 3 years ago.

Does the restriction(4. RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by XXXX ) allow my ex's mother(or her associates) to put other restrictions or charges onto the title?

Customer: replied 3 years ago.

You are talking about fraud!!! A solicitor sorted all this out for me and they never said anything about fraud.

Expert:  Senior Partner replied 3 years ago.
If you have a clear declaration of trust then you should not have a problem and the restriction would prevent the ex's mother from remortgaging or doing anything else without your consent.

If your ex mother pretending to be the purchaser in order to benefit from a discount as sitting tenant but was in fact not the purchaser and put it in her name to conceal that fact then of course it is potentially fraud.

Put it another way could you have told the local authority exactly what was being done and how the deal was structured and still have obtained the discount? If the answer is no and getting the discount relied upon concealment then by definition that is fraud.

I doubt if you have anything to worry about if you were advised by a solicitor but your ex's mother who is the one making false representation to the council may have.

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