Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Is your brother in law happy to assist you in securing a financial interest in the property by signing the required paperwork?
I look forward to hearing from you.
Thank you for getting back to me so quickly.
My brother in-law is ready to do this. My husband has made him aware of this he's done his side of research, came back to us saying there wasn't no such paperwork anymore hence I've come to with some hope.
Thanks for your reply.
It won't be possible for you to obtain a Charge over the property (as the Mortgage Lender would need to consent to this).
However, provided brothe rin law is happy to sign the appropriate form (Land Registry Form RX1), a Restriction can be registered against the property. A Restriction basically prevents him from selling the property without your consent in that an entry will be made on the Land Registry title.
This does give you protection until such time as you are able to acquire the property.
This is a simple enough Form, which you may wish to get a local Solicitor to prepare on your behalf, and which would need your brother in law's signature.
I hope this assists and sets out the legal position.