Thank you, Clare, for the quick response. I am writing from the USA, so I do realize what time it is there! Within reason, speed is not my primary concern. I don't want to offend either of you, but I suppose whichever has the most experience in this area would be my choice - I'll leave that up to you :-)
Thank you Clare - standing by.
Thank you, Clare.
What benefit does the restriction bestow on the person in whose name the restriction is written?
Is there anything I should do to protect my documented 25% ownership share of the flat before I consent to the re-registration at the time of sale?
Thank you Clare - thanks for staying with me. I apologize, but I'm still unclear on the concept of the restriction.
I interpret Article 4 of "Title absolute" to mean that my "written consent" controls only the "registration" of the estate by the 'proprietor" (now the executor of the will) and not to control the act of disposing of the estate, which could be before or after the registration. Do you agree? Of course a diligent buyer would not allow any payment to be made until after receipt of my written consent, so registration after disposal is highly unlikely. Essentially this means that a deal won't be consummated until after I sign the written consent.
However, if an Order for Sale is inevitable, without any restriction on the proprietor, perhaps my "written consent" should be called a "written acknowledgement of notification" - acknowledgment that I am aware that the property has been sold, or is about to be sold. Is that the true intent of the restriction - to ensure that I won't find out about a sale after the event?
Is the seller of the property required by law to advise me of the value of the sale, and therefore the value of my 25% ownership?
Is the seller of the property required by law to advise me of the basis for the amount agreed upon with the buyer? In other words, how do I know that the seller has not made a deal with a friend for a low price in exchange for a kickback?
Thanks again for clarification.
Thank you, Clare - almost there!
You answered my first question regarding my interpretation of Article 4, and my third question regarding the documentation of the sale price, but I don't have a response to the other two questions:
Is that the true intent of the restriction - to ensure that I won't find out about a sale after the event?
Is the seller of the property required by law to advise me of the basis for the amount agreed upon with the buyer?
You may be correct that I have anxieties that don't exist, but I would appreciate a better understanding of the situation, which answers to my questions would provide,especially Q4. I hope that you can respond.
Could you let me know how the public can access the Land Registry records so that I can get the sales price of the property per your response to Q3?
Thanks for your support,