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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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a caution/caveat/restriction has been placed on my property

Customer Question

a caution/caveat/restriction has been placed on my property by a family member nearly 12 years ago now , against my wishes and the family member has never proved their claim when asked to do so. how can I have tis caution lifted so that I can get on with my life please?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the nature of the familial relationship and why does this person believe tht they have a claim on the property?
Clare
Customer: replied 2 years ago.

The family member is my sister. She is claiming that she made an agreement with me to buy the property and that she contributed money towards my house. As I mentioned above our relationship has always been fraught and I would never make any kind of agreement with her, ever. So much so, I left home because of her many, many years ago prior to the property ever being bought. She has fabricated to the Land Registry and managed to convince them some how that she has a claim on the property. I was out of the country dealing with my late father's ashes, and when I returned to the UK some months later I discovered a letter from the Land Registry asking if I agreed with the claim my sister had made and giving me about 28 days to put my case. I called the Land Registry explaining the situation and the reason for my late response and they told me that it was too late and that I had to take the matter to Court. I do not have the money to do so and I am currently out of work. This situation has caused me ill health. I was never allowed to grieve for my late father as my sister did all of this during the time of my father's death. My father never got on with my sister either and she was the cause of my parents splitting up over 30 years ago. I hope you can help me, please.

Expert:  Clare replied 2 years ago.
Hi
How was the purchase funded?
Clare
Customer: replied 2 years ago.

Hi Clare

The property was paid for in cash using my inheritance. No mortgage was necessary. I never wanted the property, but my younger brother asked me to help him buy it and the agreement we made was that I would contribute half and he would contribute half. The property would go in my name until my brother was ready to pay me back my share and buy me out. I was shocked when I later discovered the Land Registry letter (as mentioned above) and asked my brother to explain the truth that the agreement was with me and him and not me and my sister. My brother refused and now I am stuck with a property I never wanted and which is in a state of repair (which is why is was so affordable, but it had potential which is why my brother wanted it so he could do it up), my money is caught up in it, I can't sell it. I did it as a favour and to help my brother out. I have offered to take my share if the sale of the property is allowed and put the other share in the conveyancing solicitor's account until my brother confirmed the money belonged to him. Unfortunately, my brother does not agree and says he will only agree to the sale if I give up rights to the property entirely. He is refusing to come clean and my sister is refusing to tell the truth also. I have sought mediation so that I could get to the bottom of this, but this has not worked. I really do not have the money for legal costs or to pay for anymore solicitor's fees. I cannot afford to go to court either. I don't know what else I can do. As I have mentioned this stress has caused me ill-health and I am out of work and no other family member will help me either.

Expert:  Clare replied 2 years ago.
Hi
is the house held in your sole name - if so why can you not sell it?
Clare
Customer: replied 2 years ago.

Hi Clare

Yes the house is in my sole name.

I was not aware I could sell the house because of the restriction/caution being placed on it and have not done so because of it.

My brother has threatened me countless times over the years and said that I could not sell it. He has told me that unless I agree to giving up my share in its entirety which is in the house and sign over the property, he will never lift the restriction and if I sell it without his permission I will legally be in the wrong. This is why I asked the question as to how to lift the restriction/caution so that I can sell the property, release my monies and put what I believe to be my brother's share in the conveyancing lawyer's client account until my brother tells the truth that the money is his and not as my sister is claiming is hers.

I want to do things legally and correctly which is why I have been stuck with the property for 12 years.

Are you saying that I can go ahead and sell it without any concerns or complications....

Expert:  Clare replied 2 years ago.
Hi
What is the exact wording of the restriction?
Clare
Customer: replied 2 years ago.

Hi Clare

I will dig out the paperwork and will get back to you with the information you have requested. I have heaps of paperwork on this matter so this may take a while and I may not be able to get back to you until sometime next week, but I will get back to you.

Thank you

Expert:  Clare replied 2 years ago.
Hi
That is fine - i will be here
Clare

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