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Proprietorship Register, Disposition and Probate

Customer Question

Hi, our solicitor is currently working the motions of Conveyancing for a property we intend to purchase, we have not exchanged yet & within 3 weeks of our desired Completion date & having had our survey done & mortgage offer received, the following text from the Deeds has put a brake on the purchase by our solicitor, the text in the deeds under the section : Proprietorship Register is as follows: Restriction: No disposition by a sole proprietor of the land (not being a trust corporation ) under when capital money arises is to be registered except under an order of the registrar or of the courts. The vendor (elderly) is not sure about her deceased husbands probate, what can we do about the above restriction to get this sale back on course? It seems our solicitor has not seen this before & is unaware of how to deal with it........... thanks

Submitted: 2 years ago.
Category: Law
Expert:  seanferguson13 replied 2 years ago.

seanferguson13 :

Hi there
I am somewhat surprised that your solicitor has never seen these words before, they are fairly common. The words: "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.” are used to effect a private trust where there is more than one owner.
The purpose of the restriction is to ensure compliance with s.25(2) Law of Property Act 1925. Effectively it means that there is more than one owner of the property each with an individual and identifiable share (tenants in common).
Usually a second trustee is appointed to "overreach" these rules and effect the sale. Your solicitor should look at Practice Guide 24 - https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land
and perhaps ask the seller for further information on the title.
Hope this helps

seanferguson13 :

Hi there - do you have any further queries on this that I can help with? If not I'd be very grateful if you could close the question. Kind regards.

Expert:  Nicola-mod replied 2 years ago.
Hello,

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Thank you,
Nicola

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