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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, My Mother died a few years ago. she lived in the same

Resolved Question:

Hello,
My Mother died a few years ago. she lived in the same house as my husband and I and owned 25% of the house. In her will, she left her 25% to my nephews with the condition that I be allowed to live in the house for my lifetime or until it was sold.
Unknown to me, my nephews put a charge on the property.
I am now quite old and would like to release equity in the property to meet my living expenses but am unable to because of the charge put on by my nephews and which they are reluctant to lift.
I am wondering if it is right for them to block my access to equity in this way please?
I would lik eto send you the relevant paperwork but don't have a link to do this but if you are able to e-mail me [email protected] I can send you these almost immediately.
many thanks,
diaan
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Have they registered a unilateral notice and if so, what does it say?
Customer: replied 3 years ago.

Here is a copy of the title deeds.

Did you also get my email with a copy of the will ?

Many thanks,

 

Diana XXXX

Expert:  UKSolicitorJA replied 3 years ago.
Thank you,

Their notice simply relates to their 25% entitlement under the Will of your late mother, there is really no restriction on your 75% entitlement to the property.

You may want to shop around for another lender who is wiling to release your equity I.e. 75% share in the property.

Hope this helps
Customer: replied 3 years ago.

Sadly, no lender will loan and take a second charge apparently so wanted to know if it was legal for them to impose this restriction on me please as they only have 25%.


Many thanks,


 


Diana

Expert:  UKSolicitorJA replied 3 years ago.
Yes, they are allowed to do what they have done as it is only in respect of their 25% share.

You may apply to cancel the unilateral notice using form UN4. The application is free and you do not need to give any reason for the application. See the form below:

http://www.landregistry.gov.uk/_media/downloads/forms/UN4.pdf

Both joint proprietors have to apply so two forms need to be submitted.

All the best
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